Appeal No. 2005-0836 Page 2
Application No. 09/880,292
INTRODUCTION
The claims are directed to a composition which can be spray, stream, or swirl coated onto
a vehicle surface to provide noise and vibration damping (specification, p. 2, ll. 7-25). The
composition comprises an asphalt-in-water emulsion (specification, p. 2, ll. 8-10 and 27-28).
Clay is used as an emulsifier (specification, p. 3, ll. 1-2). A filler such as calcium carbonate,
calcium magnesium carbonate, or barium sulfate is added to enhance the damping performance
of the asphalt composition and the rheology of the uncured asphalt composition (specification, p.
3, ll. 8-20). The composition also includes a surfactant added to improve the rheology and
bakeability of the composition (specification, p. 4, ll. 5-7). While the specification indicates that
any surfactant can be used (specification, p. 4, ll. 11-12), the claims are limited to the use of
nonionic surfactants. Claim 1 is illustrative of the invention on appeal:
1. A composition comprising an asphalt in water emulsion; wherein the
emulsifier is a clay and one or more fillers comprising an alkali metal carbonate,
alkaline earth metal carbonate, sulfate or a mixture thereof and about 0.1 percent
by weight or greater of a nonionic surfactant.
The claims are rejected under 35 U.S.C. § 103(a). As evidence of unpatentability, the
Examiner relies upon the following prior art references:
Drieskens et al. (Drieskens) 5,601,642 Feb. 11, 1997
Melvold 3,883,989 May 20, 1975
Elste Jr. 3,867,162 Feb. 18, 1975
Woodruff 3,615,798 Oct. 26, 1971
Torri 2,221,499 Nov.12, 1940
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