The opinion in support of the decision being entered today was not
written for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte JAMES R. BUTLER, BILL LEE HUMBLE and PAUL J. BURAS
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Appeal No. 2006-1330
Application No. 10/212,927
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ON BRIEF
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Before KIMLIN, TIMM and FRANKLIN, Administrative Patent Judges.
KIMLIN, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal from the final rejection of claims 1, 4-
10, 13-17 and 20-24. Claims 25-27 have been objected to by the
examiner. Claim 1 is illustrative:
1. A method for preparing asphalt and polymer compositions
comprising: (a) heating an asphalt; and consisting
essentially of (b) adding a polymer to the asphalt; (c)
adding a crosslinker to the polymer; (d) adding an activator
to the polymer, where the activator is selected from the
group consisting of oxides of metals from groups 2, 8, 9,
10, 11, and 12 of the Periodic Table (new IUPAC notation) in
the absence of zinc, and mixtures thereof, where the
activator is present in an amount sufficient to improve
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