Appeal No. 98-0573
Application 08/418,055
This is an appeal from the examiner’s final rejection of
claims 36-42, which are all of the claims remaining in the
application.
THE INVENTION
Appellants’ claimed invention is directed toward purified
clavulanic acid and specified purified salts thereof.
Appellants state that clavulanic acid and its salts enhance
the effectiveness of $-lactam antibiotics against many $-
lactamase producing bacteria. Claims 36 and 37 are
illustrative and read as follows:
36. Purified clavulanic acid.
37. A purified pharmaceutically acceptable salt of
clavulanic acid.
THE REFERENCE
Eli Lilly & Co. (Lilly) 1,315,177 Apr. 26,
1973
THE REJECTIONS
Claims 36-42 stand provisionally rejected under the
judicially created doctrine of obviousness-type double
patenting over claims 35 and 36 of copending Application
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