Appeal No. 2005-1119
Application No. 10/074,665
and an outer cover layer formed over the inner cover layer, where
the outer cover layer has a Shore D hardness of no more than 55,
and the golf ball has a spin factor of at least 5 (Brief, page 3,
¶V). Appellants state that claims 46 to 53 stand or fall
together (Brief, page 4, ¶VII).1 Accordingly, pursuant to the
provisions of 37 CFR § 1.192(c)(7)(2003), we select claim 46 as
representative of the group of claims and decide the grounds of
rejection in this appeal on the basis of this claim alone. Of
course, we also consider claim 51 on appeal since it is the
subject of a separate rejection. See In re McDaniel, 293 F.3d
1379, 1383, 63 USPQ2d 1462, 1465 (Fed. Cir. 2002), Representative
independent claim 46 is reproduced below:
46. A golf ball comprising:
a core;
an inner cover layer which has a Shore D hardness of at
least 60 as measured on the curved surface thereof and is formed
from a composition which includes at least one material selected
from the group consisting of polyphenylene ether/ionomer blends,
ionomers, polyamides, polyurethanes, polyester elastomers,
polyester amides, metallocene catalyzed polyolefins, and blends
thereof; and
an outer cover layer formed over the inner cover layer, the
outer cover layer having a shore D hardness of no more than 55 as
measured on the curved surface thereof, the golf ball having a
spin factor of at least 5.
1
1The examiner incorrectly finds that appellants state that
the claims do not stand or fall together (Answer, page 3, ¶(7),
underlining added).
2
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