Appeal No. 98-1591
Application 08/417,625
This is an appeal from the examiner’s final rejection of
claims 36-45, which are all of the claims remaining in the
application.
THE INVENTION
Appellants’ claimed invention is directed toward
clavulanic acid and specified salts thereof. Appellants state
that these compounds enhance the effectiveness of $-lactam
antibiotics against many $-lactamase producing bacteria
(specification, page 1, lines 5-7). Claim 42 is illustrative
and reads as follows:
42. Clavulanic acid.
THE REFERENCE
Eli Lilly & Co. (Lilly) 1,315,177 Apr. 26, 1973
THE REJECTIONS
Claims 36, 37 and 41-45 stand provisionally rejected
under the judicially created doctrine of obviousness-type
double patenting over claims 35 and 36 of copending
Application 08/417,628 and over claims 36-42 of copending
Application
08/418,055. Claims 36-45 stand rejected under 35 U.S.C. § 103
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