Ex Parte Sullivan - Page 5




             Appeal No. 2005-0806                                                          Page 5              
             Application No. 10/179,812                                                                        



             The 35 U.S.C. § 103 rejection of claims 1 to 5 and 9 to 13                                        
                   We sustain the rejection of claims 1 to 5 and 9 to 13 under 35 U.S.C. § 103 as              
             being unpatentable over Nesbitt in view of Horiuchi.                                              


                   Claims 1, 9 and 10 read as follows:                                                         
                   1.     A golf ball comprising:                                                              
                          a core;                                                                              
                          an inner cover layer molded on said core, said inner cover layer                     
                   comprising a high acid ionomer including at least 16% by weight of alpha, beta-             
                   unsaturated carboxylic acid; and                                                            
                          an outer cover layer molded on said inner cover layer, said outer cover              
                   layer comprising a relatively soft polymeric low flexural modulus ionomer resin.            
                   9.     A multi-layer golf ball comprising:                                                  
                          a spherical core;                                                                    
                          an inner cover layer molded over said spherical core, said inner cover               
                   layer comprising an ionomeric resin including at least 16% by weight of an alpha,           
                   beta-unsaturated carboxylic acid and having a modulus of from about 15,000 to               
                   about 70,000 psi; [and]                                                                     
                          an outer cover layer molded over said spherical intermediate ball[7] to form         
                   a multi-layer golf ball, said outer cover layer having a modulus in a range of              
                   about 1,000 to about 30,000 psi.                                                            
                   10.    A multi-layer golf ball comprising:                                                  
                          a spherical core;                                                                    
                          an inner cover layer molded over said spherical core to form a spherical             
                   intermediate ball, said inner cover layer comprising an ionomeric resin including           
                   about 17% to about 25% by weight of an alpha, beta-unsaturated carboxylic acid              
                   and having a modulus of from about 15,000 to about 70,000 psi; [and]                        

                   7 There is no antecedent basis for "said spherical intermediate ball."                      









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