Appeal No. 96-0002
Application No. 07/860,523
fluid bitumen, or a binder which loses its binding effect
because it dissolves in a solvent present in the bitumen to
maintain its fluidity. See the answer at the bottom of page 3
and the top of page 4. Thus, in view of Rettenmaier,
according to the examiner, it would have been obvious to
introduce the steel fibers of Gallmann in the form of pellets
having a meltable binder “to obtain uniform mixing”. See the
answer at page 4.
While Gallmann incorporates steel fibers into a bituminous
composition to render a bituminous surface “substantially
tougher and/or more resistant to fracture” (column 1, lines
49-51), Rettenmaier incorporates “fibrous filler material” to
bitumen to influence the flow properties of the bitumen, i.e.,
to provide a thixotropic effect in the bitumen. See column 1,
lines 15-25 of Rettenmaier. Although Rettenmaier
“theoretically” contemplates the use of any fibrous filler
“suitable as thixotropic means” (column 4, lines 6-16), no
objective evidence is of record which teaches that the
significantly larger steel fibers of Gallmann are2
2See Gallmann at column 3, lines 41-51 and compare
Rettenmaier at column 3, lines 44-55.
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Last modified: November 3, 2007