Ex parte HIGGINS et al. - Page 2




          Appeal No. 96-0596                                                          
          Application No. 08/069,887                                                  


          page 1).  Claims 28 through 30 stand withdrawn from                         
          consideration by the examiner as being drawn to a nonelected                
          invention (brief, page 1).  Claims 3, 7, 12, 16, 24, and 26,                
          the remaining claims in this application, stand objected to as              
          being dependent upon a rejected base claim but allowable if                 
          rewritten in independent form including all of the limitations              
          of the base claim and any intervening claims (brief, page 3,                
          and the final rejection dated July 1, 1994, Paper No. 9, page               
          2).                                                                         
               According to appellants, the invention is directed to a                
          bituminous composition incorporating a finely divided                       
          inorganic filler and an acid functionalized polyolefin polymer              
          having a plurality of pendant acid or acid anhydride groups                 
          (brief, page 1).  This composition is used as a backing for                 
          carpet tiles (brief, page 1, and the specification, page 1).                
          Claim 1 is illustrative of the subject matter on appeal and is              
          reproduced below:                                                           
          1.   A bitumen composition comprising:                                      
               12 to 35 weight % of bitumen having a ring and ball                    
          softening point ranging from 100°F to 200°F and a needle point              
          penetration of from 20 to 200;                                              


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