Appeal 2006-1969
Application 10/712,942
citing Yabuki at col. 11 as evidence of the Shore D hardness values for Surlyn 1605 and
1855; see also page 5 of the Answer).1 The examiner also finds that Nesbitt teaches that
the coefficient of restitution (COR) of the core is 0.770 and the COR of the core and inner
cover layer is 0.800 or more (Answer, page 3). From these findings, the examiner
concludes that the claimed properties of spin factor, PGA compression, and COR would be
inherent or obvious in view of Nesbitt teaching the same materials as claimed by
appellants (id.).2 We agree.
Appellants argue that Nesbitt does not disclose or claim the specific Shore D
hardness of the cover layers, nor does Nesbitt limit the cover layers to materials having a
specific Shore D hardness Brief, page 5). Appellants are correct that Nesbitt does not
disclose or claim any specific Shore D hardness for the inner or outer cover layers.
However, appellants have not disputed the examiner’s findings from Yabuki that the
1See footnotes 3 and 4 on pages 4-5 of our decision in Appeal No. 2005-1119 for
the well known equivalency of Surlyn 1605 and “hi-milan 1605,” as well as Surlyn 1855
and “hi-milan 1855." We note that appellants do not contest or dispute any of the
examiner’s findings from Yabuki (see the Brief in its entirety).
2Since appellants do not argue any claim with specificity (see the Brief in its
entirety), we limit our consideration to the broadest independent claim, i.e., claim 15.
See 37 CFR § 41.37(c)(vii)(2004).
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