Appeal No. 2006-1330
Application No. 10/212,927
crosslinking; and (e) adding an accelerator in an amount
sufficient to improve crosslinking; wherein the polymer is a
styrene-butadiene copolymer and wherein the crosslinker and
the accelerator are different and wherein asphalt is the
continuous phase.
The examiner relies upon the following reference in the
rejections of the appealed claims:
Guo et al. (Guo) 2002/0068776 A1 Jun. 6, 2002
Appellants’ claimed invention is directed to an asphalt and
polymer composition, and method for preparing the same, which
comprises heating an asphalt and adding a polymer, crosslinker,
activator and accelerator to the composition.
Appealed claims 5, 14 and 21 stand rejected under 35 U.S.C.
§ 112, second paragraph. Claims 1, 4-8, 10, 13-15, 17 and 20-23
stand rejected under 35 U.S.C. § 102(e) as being anticipated by
Guo. Also, claims 1, 4-10, 13-17 and 20-24 stand rejected under
35 U.S.C. § 103(a) as being unpatentable over Guo.
In conformance with appellants’ arguments, we select claim
1 to represent the issues on appeal in our consideration of the
rejection under Sections 102 and 103.
2
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