Ex Parte Hayashi et al - Page 3



         Appeal No. 2006-0480                                                                       
         Application No. 10/318,260                                                                 


                                   THE REFERENCES                                                   
         Endo et al. (Endo)                6,520,872        Feb. 18, 2003                           
         (filed Oct. 25, 2001)                                                                      
         Takemura et al. (Takemura)        6,688,992        Feb. 10, 2004                           
         (filed Aug. 24, 2001)                                                                      
                                   THE REJECTION                                                    
              Claims 1, 3, 4 and 6-12 stand rejected under 35 U.S.C. § 103                          
         as being unpatentable over Endo in view of Takemura.                                       
                                      OPINION                                                       
              We reverse the aforementioned rejection.  We need to address                          
         only claim 1, which is the sole independent claim.  Claim 1                                
         requires that a blend from which a golf ball cover is made includes                        
         a silicone rubber powder, a silicone resin powder or a mixture                             
         thereof, wherein the average particle size of the silicone powder                          
         is 0.5 to 700 μm.  For that claim requirement the examiner relies                          
         upon Takemura (answer, page 5).                                                            
              Takemura discloses a golf ball having a cover made from a                             
         blend comprising organic short fibers having a length of 5-1000 μm                         
         (col. 1, lines 55-59; col. 5, lines 26-27).  The organic short                             
         fibers “may include nylon fiber, acrylic fiber, polyester fiber,                           
         aramid fiber and others” (col. 5, lines 1-3).  “[I]t is possible to                        
         premix a prescribed amount of the organic short fiber in polymer of                        
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