Appeal No. 98-0573
Application 08/418,055
The provisional rejections of claims 36-42 under the
judicially created doctrine of obviousness-type double
patenting over claims 35 and 36 of copending Application
08/417,628 and over claims 36, 37 and 41-45 of copending
Application 08/417,625 are affirmed. The rejection of claims
36-42 under 35 U.S.C. § 103 as being unpatentable over Lilly
is reversed.
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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