Ex Parte Sullivan - Page 11




                Appeal No. 2005-0806                                                                             Page 11                    
                Application No. 10/179,812                                                                                                  



                that Nesbitt teaches should have the maximum coefficient of restitution (i.e., inner cover                                  
                14).                                                                                                                        


                        With regard to claims 9 and 10, the recited inner cover layer having a modulus of                                   
                from about 15,000 to about 70,000 psi and the outer cover layer having a modulus in a                                       
                range of about 1,000 to about 30,000 psi is met by Nesbitt's inner cover 14 and outer                                       
                cover 16.  Moreover, the limitation that the inner cover layer comprising an ionomeric                                      
                resin including about 17% to about 25% by weight of an alpha, beta-unsaturated                                              
                carboxylic acid is met by the combined teachings of the applied prior art for the reasons                                   
                set forth above.  Lastly, the recited inner cover layer having a modulus of from about                                      
                15,000 to about 70,000 psi is met by Horiuchi's cover material when such material is                                        
                substituted for the inner cover layer of Nesbitt's golf ball.                                                               


                        In the brief (p. 9), the appellant has referenced the Board decision (mailed                                        
                September 17, 2001) in an earlier appeal in parent Application No. 08/815,556.  The                                         
                appellant also makes reference to the Board decision (mailed April 25, 2002) in another                                     
                appeal in parent Application No. 09/121,628.  In addition, prior to the filing of the brief in                              
                this application, this panel of the Board rendered another decision (mailed June 24,                                        
                2004) in another appeal in parent Application No. 08/815,556.  We have reviewed the                                         
                three Board decisions and note that our decision herein is in harmony with our decisions                                    







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