Ex parte PEYTON et al. - Page 8




          Appeal No. 96-2898                                                          
          Application No. 08/340,998                                                  


          compositions included by the appealed claims would behave in                
          the same manner as the tested compositions.                                 
               In light of the above, we agree with the examiner that                 
          the subject matter defined by the appealed claims would have                
          been obvious within the meaning of 35 U.S.C. § 103.                         
                                                                                     
                                                                                     
                                                                                     
                                                                                     
                                                                                     
                                                                                     
                                                                                     
                                                                                     
                                                                                     
                                                                                     
          The decision of the examiner is affirmed.                                   
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                      AFFIRMED                                        


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