Appeal No. 2006-1946
Application No. 10/437,580
to determine when a golf ball is capable of delivering maximum
performance when struck by a golf club”. See id. The stamp or
mark comprises a thermochromic material that “is capable of
indicating whether the golf ball is above or below a
predetermined temperature” (¶ 0012). Kennedy further teaches (¶¶
0019-0020):
The modulus of elasticity of a polymer varies with
temperature. Generally, the higher the temperature within a
given range, the higher the modulus of elasticity, and
conversely, the lower the temperature, the lower the modulus
of elasticity. Simply stated, as the temperature drops,
golf balls become stiff and hence cannot be driven as far as
when they are warm.
[0020] A golfer always strives for maximum performance from
a golf ball. Maximum performance is often characterized by
the length of a drive, with longer being better. In order
to achieve maximum performance, a golf ball must be at an
optimum temperature for playing. For practical purposes,
this optimum temperature is generally from about 15 to about
35°C., although individual golfers may prefer temperatures
above or below this range.
The appellant argues that “[d]ue to the peculiarities of
golf ball construction, golf ball construction is effectively
non-analogous art relative to construction of a hockey puck,
which has completely difference [sic] performance requirements
from a golf ball” (brief, page 10). The test of whether a
reference is from an analogous art is first, whether it is within
the field of the inventor's endeavor, and second, if it is not,
whether it is reasonably pertinent to the particular problem with
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: September 9, 2013