Ex parte LONG - Page 2




              Appeal No.1997-2277                                                                                         
              Application 08/462,814                                                                                      



                     This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1 through                 
              8, all the claims pending in the application.                                                               
                     Claim 1 is illustrative of the subject matter on appeal and reads as follows:                        
                     1.  An asphaltic concrete compound for either as a top layer of paving, or at least                  
              the first bottom layer of a pavement patch and then the top layer of a pavement patch, to                   
              efficiently intercept microwave energy whenever directed downwardly to the top layer of                     
              paving, or to the first bottom layer of a pavement patch and then to the top layer of a                     
              pavement patch, to generate heat in these respective layers, so the generated heat will be                  
              efficiently conducted essentially to the surface of these top layers, to debond ice which had               
              previously bonded to the surface of these layers, for the purpose of readily removing the                   
              debonded ice from paving, and in respect to pavement patches, when necessary, readily                       
              removing the debonded ice, while also heating the surfaces of the pavement hole to aid in                   
              the bonding of the asphaltic concrete compound used in filling the pavement hole,                           
              comprising:                                                                                                 
                     aggregate, comprising gravel, rocks, and the added lossy microwave anthracite                        
              material; and                                                                                               
                     asphalt cement surrounding the aggregate;                                                            
                     whereby, the added lossy microwave anthracite material is included in a quantity                     
              large enough to efficiently intercept microwave energy, which is directed downwardly to the                 
              surfaces of this asphaltic concrete compound (emphasis added).                                              
                     I.  References                                                                                       
                     The references relied on by the examiner are:                                                        
              Fukushima et al. (Fukushima)                      4,008,095             Feb. 15, 1977                       
              Webster’s Ninth New Collegiate Dictionary, Merriam-Webster Inc. (1986), p. 90.                              




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