Ex parte CHANG - Page 10




          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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