Appeal No. 98-1486
Application 08/417,628
rejection under 35 U.S.C. § 103.
DECISION ON APPEAL
The provisional rejections of claims 35 and 36 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
Application 08/417,625 are affirmed. The rejection of claims
35 and 36 under 35 U.S.C. § 103 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
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
)
)
TERRY J. OWENS ) BOARD OF
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