The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 20
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte THOMAS J. KENNEDY III, MICHAEL J. TZIVANIS, VIKTOR KELLER,
WILLIAM M. RISEN JR., MARK L. BINETTE, and JOHN L. NEALON
____________
Appeal No. 2004-1184
Application No. 10/074,849
____________
ON BRIEF
____________
Before WALTZ, TIMM, and JEFFREY T. SMITH, Administrative Patent
Judges.
WALTZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the primary examiner’s
final rejection of claims 46 through 53. Claims 27-45 are the
remaining claims pending in this application and stand withdrawn
from further consideration as drawn to a non-elected invention
(final Office action dated Apr. 17, 2003, Paper No. 10, pages 1-2;
Brief, page 2). We have jurisdiction pursuant to 35 U.S.C. § 134.
According to appellants, the invention is directed to a golf
ball comprising a core, an inner cover layer having a Shore D
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