Appeal No. 2006-1330
Application No. 10/212,927
objective evidence, which demonstrates that the claimed asphalt
composition would be materially affected by such addition of
components. Appellants have not established that asphalt/polymer
compositions within the scope of the appealed claims are
materially different than the asphalt/polymer compositions fairly
taught by Guo.
As for the examiner’s Section 103 rejection over Guo, it
logically follows from our discussion above that we agree with
the examiner that the claimed subject matter would have been
obvious to one of ordinary skill in the art. Anticipation is the
epitome of obviousness.
As a final point, we note that appellants base no argument
upon objective evidence of nonobviousness, such as unexpected
results.
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