Appeal No. 2004-0919 Page 9
Application No. 09/842,607
In our view, Saito does teach each and every element of the golf ball of
independent claim 11. Claim 11 reads on Saito as follows: A golf ball (Saito's golf ball
shown in Figure 2) comprising: a multi-layer core assembly including (i) a center core
component (Saito's center core 7), and (ii) a solid core layer disposed about said center
core component (Saito's outer core 8); and a multi-layer cover assembly including (i) an
inner cover layer disposed on said core layer (Saito's inner layer 10), and (ii) an outer
cover layer disposed on said inner cover layer (Saito's outer layer 11), wherein at least
one of said inner cover layer and said outer cover layer comprises a thermoplastic
polyurethane (Saito teaches that the thermoplastic resin for the inner or outer layer
includes thermoplastic urethane elastomer).
Since all the limitations of claim 11 are disclosed in Saito for the reasons set
forth above, the decision of the examiner to reject claim 11 under 35 U.S.C. § 102(b) is
affirmed.
The appellants have grouped claims 11 and 14 to 24 as standing or falling
together.4 Thereby, in accordance with 37 CFR § 1.192(c)(7), claims 14 to 24 fall with
claim 11. Thus, it follows that the decision of the examiner to reject claims 14 to 24
under 35 U.S.C. § 102(b) is also affirmed.
4 See page 4 of the appellants' brief.
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