Ex Parte Kozlov et al - Page 9

                Appeal No. 2005-0548                                                                                                         
                Application No. 09/839,164                                                                                                   
                Thus, even if we assume, arguendo, that representative claim 30 is limited to use of the                                     
                pharmaceutical composition in humans, we would find the appellants’ argument to be                                           
                inconsistent with the evidence of record.                                                                                    
                        Accordingly, in view of the foregoing, 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)(1)(iv).                                                                              


                                                               AFFIRMED                                                                      




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                JE/dpv                                                                                                                       





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