Ex parte NEMEGEER et al. - Page 2




          Appeal No. 96-0002                                                          
          Application No. 07/860,523                                                  


               21.  A process for preparing a castable hot mixture of                 
          bituminous concrete, comprising the steps of:                               
               introducing into a mixture of hot bituminous concrete a                
          multiplicity of steel wire pieces adapted for strengthening                 
          said mixture of hot bituminous concrete after its                           
          solidification;                                                             
          and                                                                         
               mixing said steel wire pieces in said mixture of hot                   
          bituminous concrete until said steel wire pieces are equally                
          distributed in said mixture of hot bituminous concrete,                     
          wherein                                                                     
               said steel wire pieces are introduced in the form of                   
          bundles of such steel wire pieces that are held together into               
          said bundles by a binding substance which is adapted to                     
          disintegrate by water when mixed into a wet cementitious                    
          concrete and which disintegrates by melting when mixed in a                 
          hot bituminous concrete mixture, and wherein said steel                     
          bundles disintegrate during mixing of said mixture of hot                   
          bituminous concrete.                                                        
               The references of record relied upon by the examiner are:              
          Gallmannn                     4,382,988                     May             
          10, 1983                                                                    
          Rettenmaier              5,028,266                     July 2,              
          1991                                                                        
               The appealed claims stand rejected under 35 U.S.C. § 103               
          as unpatentable over Gallmann in view of Rettenmaier.                       
          Additionally, claim 23 stands rejected under 35 U.S.C. § 112,               
          second paragraph.  We can not sustain either rejection.                     
               The subject matter on appeal is directed a process of                  
          preparing a heated castable hot mixture of bituminous concrete              
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