Ex parte HIGGINS et al. - Page 4




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


                 containing an inorganic metal compound and a polyethylene wax                                                                          
                 terminally functionalized with acid groups (answer, page 3,                                                                            
                 citing Woodhams, column 2, lines 13-26, and column 3, lines 9-                                                                         
                 68).  As also noted by the examiner, the composition of                                                                                
                 Woodhams can be useful in adhesives, coatings, etc. (answer,                                                                           
                 page 3, citing Woodhams, column 6, lines 22-30).                                                                                       
                          The examiner concedes that there are two distinctions                                                                         
                 between Woodhams and the subject matter of appealed claim 1                                                                            
                 (final rejection dated July 1, 1994, Paper No. 9, page 5).                                                                             
                 Namely, the weight percentages of bitumen and inorganic filler                                                                         
                 taught by Woodhams are different  than those of appealed claim2                                                                            
                 1 and the acid functionalized polyolefin polymer of Woodhams                                                                           
                 has terminal acid groups while the acid functionalized                                                                                 
                 polyolefin polymer of appealed claim 1 recites “a plurality of                                                                         




                          2Woodhams teaches that the relative proportions of                                                                            
                 bitumen, polyolefin, emulsifying agent and metal compound                                                                              
                 (filler) may vary according to the desired level of                                                                                    
                 performance but generally the inorganic metal compound should                                                                          
                 be present in amounts of from about 1 to about 10 wt.% (column                                                                         
                 5, lines 24-40).  The amount of bitumen, although not                                                                                  
                 specifically disclosed, should range from 65 to 96.9 wt.%                                                                              
                 (brief, page 4), as calculated from the ranges cited by                                                                                
                 Woodhams for all other components.                                                                                                     
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