Appeal No. 98-1486
Application 08/417,628
This is an appeal from the examiner’s final rejection of
claims 35 and 36, which are all of the claims remaining in the
application.
THE INVENTION
Appellants’ claimed invention is directed toward solid
pharmaceutically acceptable salts of clavulanic acid.
Appellants state that salts of clavulanic acid enhance the
effectiveness of $-lactam antibiotics against many $-lactamase
producing bacteria (specification, page 1, lines 5-7). Claim
35 is illustrative and reads as follows:
35. A solid pharmaceutically acceptable salt of
clavulanic acid.
THE REFERENCE
Eli Lilly & Co. (Lilly) 1,315,177 Apr. 26,
1973
THE REJECTIONS
Claims 35 and 36 stand provisionally rejected under the
judicially-created doctrine of obviousness-type double
patenting over claims 37 and 41 of copending Application
08/418,055 and over claims 36, 37 and 41-45 of copending
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