Ex Parte Sullivan - Page 13




                Appeal No. 2005-0806                                                                             Page 13                    
                Application No. 10/179,812                                                                                                  



                The 35 U.S.C. § 103 rejection of claims 1 to 13                                                                             
                        We sustain the rejection of claims 1 to 13 under 35 U.S.C. § 103 as being                                           
                unpatentable over Nesbitt in view of Horiuchi and Sullivan.  With respect to claims 1 to 5                                  
                and 9 to 13, the rejection is sustained for the reasons set forth above.10                                                  


                        Claim 6 reads as follows:                                                                                           
                                A golf ball according to claim 1 wherein the outer layer comprises a low                                    
                        flexural modulus ionomer resin which includes a blend of a hard high modulus                                        
                        ionomer with a soft low modulus ionomer.                                                                            


                        Based on our analysis and review of Nesbitt and claim 6, it is our opinion that the                                 
                differences are (1) the inner cover layer comprising a high acid ionomer including at                                       
                least 16% by weight of alpha, beta-unsaturated carboxylic acid as recited in claim 1;                                       
                and (2) the outer layer comprising a blend of a hard high modulus ionomer with a soft                                       
                low modulus ionomer as recited in claim 6.                                                                                  


                        Sullivan's invention relates to golf ball technology, and more particularly, golf ball                              
                cover technology.  Sullivan teaches that ionomers have been widely used as golf ball                                        
                cover materials for the past 15 years and that while these ionomers are very durable,                                       

                        10 Thus, we regard the examiner's application of the teachings of Sullivan to be mere surplusage                    
                with regard to the rejection of these claims.                                                                               







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