Appeal No. 95-0015
Application No. 07/869,694
713 F.2d 731, 743, 218 USPQ 769, 778 (Fed. Cir. 1983); In re
Clemens, 622 F.2d 1029, 1035, 206 USPQ 289, 296 (CCPA 1980).
cert denied, 488 U.S. 986 (1988). Appellant’s claims encompass a
wide range of benzothiazolium and mercaptobenzotetrazole
compounds, yet in the tests relied upon by appellant, only a
small number of them were used. We find in the evidence of
record no reasonable basis for concluding that the great number
of compounds encompassed by appellant’s claims would behave as a
class in the same manner as the particular compounds tested. See
In re Lindner, 457 F.2d 506, 508, 173 USPQ 356, 358 (CCPA 1972).
For the above reasons, the evidence and arguments of record,
on balance, lead us to conclude that appellant’s claimed
invention would have been obvious to one of ordinary skill in the
art within the meaning of 35 U.S.C. § 103.
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