Appeal 2007-1970 Application 10/167,744 an inner cover layer formed from a first composition having a first hardness and a first flexural modulus; and an outer cover layer formed from a second composition having a second hardness and a second flexural modulus, wherein the second hardness differs from the first hardness by about 5 points or less, wherein the first and second flexural moduli are substantially similar at ambient temperature, and wherein the second flexural modulus differs from the first flexural modulus at temperatures above or below ambient. The Examiner relies on the following prior art references to show unpatentability: Maruko US 5,704,853 Jan. 6, 1998 Sullivan US 6,394,914 B1 May 28, 2002 The Examiner made the following rejections: 1. Claims 19, 21-30, and 32-34 under 35 U.S.C.§ 102(a, e) as anticipated by Sullivan; 2. Claims 1-10 under 35 U.S.C. § 102(a, e) as anticipated by or under 35 U.S.C. § 103(a) as obvious over Sullivan; and 3. Claim 11 under 35 U.S.C. § 103(a) as obvious over Sullivan in view of Maruko. ISSUES I. The Examiner contends that Sullivan inherently anticipates claims 1-10, 19, 21-30, and 32-34. Appellant contends that the Examiner has failed to establish that Sullivan’s golf ball necessarily has the claimed characteristics of flexural modulus, contact angles, and coefficient of 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: September 9, 2013