Appeal No. 96-0596
Application No. 08/069,887
0.5 to 20 weight % of an acid functionalized polyolefin
polymer, said polymer comprising at least 80 weight % olefin
monomers selected from ethylene, propylene and butylene, and
from 0.2 to 20 weight % acid monomers selected from organic,
unsaturated carboxylic acids and carboxylic acid anhydrides,
wherein said polymer has a plurality of pendant acid or acid
anhydride groups; and
50 to 85 weight % of a finely divided, inorganic filler
capable of bonding to said pendant acid or acid anhydride
groups, wherein said filler is characterized by an average
particle size greater than 5 microns.
The examiner relies upon the following reference as
evidence of obviousness:
Woodhams 4,978,698 Dec. 18,
1990
Claims 1-2, 4-6, 8-11, 13-15, 17-23, 25 and 27 stand
rejected under 35 U.S.C. § 103 as unpatentable over Woodhams.
We reverse this rejection for reasons which follow.
OPINION
The composition of appealed claim 1 recites a specific
amount of bitumen, a specific amount and type of acid
functionalized polyolefin polymer with pendant acid/anhydride
groups, and a specific amount and size of an inorganic filler.
The examiner finds that Woodhams discloses a bitumen-
polyolefin composition stabilized by an emulsifier system
3
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