Appeal No. 2000-0027 Page 13
Application No. 09/072,190
Gaudio teaches that the percentage weights of component
per composition vary from 75% weight composition roughage to
96% weight composition roughage, 2% weight asphalt particulate
to 20%
weight asphalt particulate, and 1% weight solvent to 3% weight
solvent.
With respect to claim 5, the examiner determined (answer,
pp. 6-7) that it would have been obvious to evenly apply the
particulated asphalt composition of Gaudio to a surface to be
paved and to evenly apply compaction to the applied
particulated asphalt composition in order to produce an evenly
paved surface in view of Gaudio's teaching that his
particulated asphalt composition was capable of being used for
repairing or constructing paved areas. Implicit in this 2
2The examiner's determination of obviousness (answer, p.
10) regarding the mixing of the components of "Reclaimite" is
not part of the rejection under appeal and will not be
considered by this panel of the Board. Likewise, the
examiner's determination of obviousness (answer, p. 11)
regarding the adding of additional emulsifier is not part of
the rejection under appeal and will not be considered by this
(continued...)
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