Ex parte OMANN - Page 11




          Appeal No. 2000-0027                                      Page 11           
          Application No. 09/072,190                                                  


          equipment.  The asphalt can be either virgin asphalt blocks or              
          reclaimed asphalt-containing material such as roofing refuse.               
          The asphalt particulate is sized from between 1/4" minus                    
          gradient to 2" minus gradient, preferably sized to                          
          approximately 3/4" minus gradient.  The particulated asphalt                
          and crushed roughage then are mixed together to form an                     
          asphalt-aggregate.                                                          


               The asphalt-aggregate of Gaudio is then mixed with the                 
          third component of his invention which is a solvent.  The                   
          solvent additive preferably is varied to correspond to                      
          construction or repair weather temperatures.  In warmer                     
          temperatures, a water-based solvent is the preferable solvent               
          additive.  In pavement applications, the water constituent of               
          the water-based solvent relatively rapidly evaporates from the              
          cold mix composition after pavement construction or repair                  
          application, to leave a rigid compound capable of withstanding              
          roadway pressures.  In colder temperatures, an oil-based                    
          solvent is preferable to                                                    










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