Appeal No. 2005-1116 Page 8
Application No. 10/077,148
ball having a PGA compression of 80 or less; and (4) the ball having a coefficient of
restitution of at least 0.780.
Yamagishi does not anticipate claim 47 for the reasons set forth by the
appellants in the brief. No golf ball disclosed by Yamagishi discloses the following
combination: (1) a solid core with a PGA compression of 55 or less; (2) a polyurethane
outer cover layer having a Shore D hardness of about 58 or more; (3) the ball having a
PGA compression of 80 or less; and (4) the ball having a coefficient of restitution of at
least 0.780.
In rejecting claims under 35 U.S.C. § 103(a), the examiner bears the initial
burden of presenting a prima facie case of obviousness. See In re Rijckaert, 9 F.3d
1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir. 1993). A prima facie case of
obviousness is established by presenting evidence4 that would have led one of ordinary
3(...continued)
53.
4Evidence of a suggestion, teaching, or motivation to modify a reference may
flow from the prior art references themselves, the knowledge of one of ordinary skill in
the art, or, in some cases, from the nature of the problem to be solved, see Pro-Mold &
Tool Co. v. Great Lakes Plastics, Inc., 75 F.3d 1568, 1573, 37 USPQ2d 1626, 1630
(Fed. Cir. 1996), Para-Ordinance Mfg., Inc. v. SGS Importers Int'l., Inc., 73 F.3d 1085,
1088, 37 USPQ2d 1237, 1240 (Fed. Cir. 1995), cert. denied, 117 S. Ct. 80 (1996),
(continued...)
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