Ex parte OMANN - Page 2




          Appeal No. 2000-0027                                       Page 2           
          Application No. 09/072,190                                                  


               The appellant's invention relates to a composition,                    
          method and use of reduced roofing waste materials as a patch                
          for potholes and a paving for roads, driveways, walkways and                
          the like (specification, p. 1).  A copy of the claims under                 
          appeal is set forth in the appendix to the appellant's brief.               


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Bladykas                 4,236,675                     Dec.  2,             
          1980                                                                        
          Gaudio et al.            5,223,032                     June 29,             
          1993                                                                        
          (Gaudio)                                                                    
          Grzybowski               5,236,497                     Aug. 17,             
          1993                                                                        



               Claims 12 to 15 stand rejected under 35 U.S.C. § 112,                  
          second paragraph, as being indefinite for failing to                        
          particularly point out and distinctly claim the subject matter              
          which the appellant regards as the invention.                               


               Claims 12 to 15 stand rejected under 35 U.S.C. § 112,                  
          first paragraph, as containing subject matter which was not                 








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