Ex Parte Binette et al - Page 5




          Appeal No.  2004-1225                                                       
          Application No.  09/840,312                                                 

          ball is from 80-100, the PGA compression for the cores would                
          inherently be less than the recommended range for the complete              
          golf ball.  Appellants do not dispute this statement made by the            
          examiner.                                                                   
          We find, in column 10 at lines 1-19 of Wu, that the cores of                
          the golf balls of Wu can be solid, hollow, fluid filled, or semi-           
          solid filled, one-piece or multicomponent cores or wound.                   
          Therefore, appellants’ statement that the golf ball of Wu is                
          restricted to a wound golf ball is incorrect.  We again note that           
          a reference is not limited to its examples, but is available for            
          all that it fairly discloses and suggests.  See In re Widmer,               
          supra.  Hence, we are unpersuaded by appellants’ argument in this           
          regard.                                                                     
               We reiterate the examiner’s statement that it is known that            
          the recommended PGA compression for a complete golf ball is from            
          80-100.  We also observe on page 2, beginning at line 13 of                 
          appellants’ specification, it is disclosed that when a multi-               
          layer cover is employed, it is known that each cover layer                  
          traditionally has a significantly different Shore D hardness than           
          an adjacent cover layer, in order to impart to the golf ball a              
          particular desired combination of spin and distance                         
          characteristics.  Hence, it is known to choose particular                   
          properties to achieve particular results, and therefore, absent             
          evidence to the contrary, we determine that the skilled artisan             
          would have known to select the claimed PGA compression values of            
          the core (result effective variables) for achieving certain PGA             
          compression requirements.  In re Aller, 220 F.2d 454, 456,                  
          105 USPQ 233, 235 (CCPA 1955).                                              
               Furthermore, we also observe, in Isaac, that Example 2 shows           
          cores having a PGA compression of 68 in which no cracking                   
          occurred.  See column 3, lines 50-55.  Hence, Isaac teaches                 
          appellants’ claimed PGA compression value of a core.                        
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