Appeal No. 2004-1184
Application No. 10/074,849
hardness of at least 60 and formed from a specified composition,
and an outer cover layer formed over the inner cover layer, where
the golf ball has a spin factor of at least 5 (Brief, page 3, as
modified by the Reply Brief, page 2). Appellants state that claims
46-53 stand or fall together (Brief, page 4). Therefore we select
the broadest claim (independent claim 46) as representative of the
grouping of claims and decide the grounds of rejection in this
appeal on the basis of this claim alone. See 37 CFR
§ 1.192(c)(7)(2000). Of course, we also consider claim 51 on
appeal since it is the subject of a separate rejection. See In re
McDaniel, 293 F.3d 1379, 1383, 63 USPQ2d 1462, 1465 (Fed. Cir.
2002). Representative independent claim 46 is reproduced below:
46. A golf ball comprising:
a core;
an inner cover layer which has a Shore D hardness of at least
60 as measured on the curved surface thereof and is formed from a
composition which includes at least one material selected from the
group consisting of polyphenylene ether/ionomer blends, ionomers,
polyamides, polyurethanes, polyester elastomers, polyester amides,
metallocene catalyzed polyolefins, and blends thereof; and
an outer cover layer formed over the inner cover layer,
the golf ball having a spin factor of at least 5.
2
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