Ex Parte Nesbitt - Page 3


                 Appeal 2006-1941                                                                                    
                 Application 09/877,835                                                                              

                                               THE REJECTIONS                                                        
                        The claims stand rejected under 35 U.S.C. § 103 as follows: claims  1-                       
                 3, 5-9, 11-16, 19 and 20 over Melvin in view of Yamagishi, and claims 4                             
                 and 17 over Melvin in view of Yamagishi and Farrally.                                               
                                                     OPINION                                                         
                        We affirm the aforementioned rejections.                                                     
                                 Rejection of claims 1-3, 5-9, 11-16, 19 and 20                                      
                        The appellants do not separately argue the dependent claims (brief,                          
                 page 10).  We therefore limit our discussion to the independent claims, i.e.,                       
                 claims 1, 14 and 20.  See 37 CFR § 41.37(c)(1)(vii)(2004).                                          
                        Melvin discloses a golf ball having an inner cover with a Shore D                            
                 hardness ≥ 60 and an outer cover with a Shore D hardness that is ≤ 55 and is                        
                 less than the Shore D hardness of an inner core (figure).  By “inner core”                          
                 Melvin apparently is referring to the center core in the figure.  Thus, the                         
                 highest the center core Shore D hardness needs to be is 56.  Around the                             
                 center core is an outer core having a Shore C hardness 30-90 (Shore D                               
                 hardness 29-97) (figure).                                                                           
                        Yamagishi discloses a golf ball having an inner cover (15) with a                            
                 Shore D hardness ≤ 53 and an outer cover (16) with a Shore D hardness   40-                         

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