Appeal No. 2006-2119
Application No. 10/357,977
CITATION OF REFERENCES
The Examiner relies upon the following references in rejecting the claims on appeal:
Defoor et al. (Defoor) 6,025,418 Feb. 15, 2000
Liang 6,429,241 B1 Aug. 6, 2002
Rached et al. (Rached) 6,713,540 B2 Mar. 30, 2004
filed Mar. 8, 2002)
GROUNDS OF REJECTION
The Examiner has rejected the subject matter of claim 8 under 35 U.S.C. § 112, first and
second paragraphs (Answer, page 3). The Examiner has also rejected the subject matter of
claims 2 to 4, 8, 9, and 21 to 26 under 35 U.S.C. § 102(e) as anticipated by Liang; and claims 2
to 6, 8, 9, 16, and 21 to 26 under 35 U.S.C. § 103(a) as obvious over the combination of Liang
and either of Defoor or Rached (Answer, pages 4 and 5).
Upon careful consideration of the claims, specification, and applied prior art, including
all of the arguments advanced by both the Examiner and Appellant in support of their respective
positions, we affirm all of the above-stated rejections.
Appellant's invention relates to polymer modified asphalt compositions and methods of
preparing the same. Appellant asserts that improvements in rubber/asphalt compatibility may be
obtained by cross-linking with certain cross-linkers at temperatures higher than those normally
employed (Brief, page 2). Representative claim 22, as presented in the Appendix to the Brief,
appears below:
22. A polymer modified asphalt compositions formed from the method comprising:
mixing asphalt and an elastomeric polymer to form a mixture:
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