Appeal No. 2006-0911 Παγε 7
Application No. 09/248,595
discusses a game ball "of the present invention" having a leather cover and a lining
meeting the absorption ratio limitation recited in claim 3 after a single 45-minute rain test
cycle. The next paragraph on page 11 of the specification states that a game ball "of
the present invention" will meet the recited absorption ratio after six rain test cycles.
One of ordinary skill in the art would understand from these two paragraphs that
a game ball having a leather cover made of one of the leathers designated on page 10
of the specification and a lining, either with or without a bladder, would be expected to
meet the absorption ratio recited in claim 3. These paragraphs give no indication that
the inclusion of a bladder is critical to achieving the necessary moisture resistance
properties.
Moreover, appellants' specification states on page 4 that, while typically balls
featuring a construction including a lining having water resistant properties over which a
leather cover is disposed having water resistant properties include an air bladder, "balls
of other types of construction (including those made with central cores or centers) may
also benefit from use of this invention." This certainly very directly conveys that game
balls having a leather cover and a lining, either with or without bladders, were
contemplated as falling within the scope of appellants' invention. Page 4 of appellants'
specification also mentions that the lining, in addition to providing structure and
reinforcement for the cover of the ball, also provides for improved water resistance in
the finished ball. The specification makes no such association with the bladder.
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