Interference No. 104,396
Page 2
Count 4. A method of treating hepatitis B virus infection and/or inhibiting hepatitis
B virus replication in a patient in need thereof comprising: administering
to said patient an effective amount of BCH-I 89 or a pharmaceutically
acceptable salt, ester or salt of an ester thereof
Count 5. A method of treating hepatitis B virus infection and/or inhibiting hepatitis
B virus replication in a patient in need thereof comprising: administering
to said patient a composition comprising an effective amount of (-)-cis-4
amino- I -(2-hydroxymethyl- 1,3-oxathiolan-5-yl)-(l H)-pyrimidin-2-one or
a pharmaceutically acceptable salt, ester or salt of an ester thereof, wherein
the composition contains no more than about 5 weight percent of the
corresponding (+) enantiomer, and wherein the weight percent is based on
the total combined weight of the (-) and (+) enantiomers.
(Paper No. 233, p. 5 1). To aid the Board in redeclaring the interference, the parties were invited
to provide proposed claim correspondences for the two new counts. Specifically, the parties
were to jointly submit a statement of the claim correspondences upon which there was agreement
and to provide comments regarding those claim correspondences for which no agreement could
be reached.
The parties currently pending claims are as f6flows:','
'As discussed in the Memorandum, Opinion and Order, Cheng's Renewed Proposed
Amendment (Paper No.'193) is to be entered into Cheng's involved U.S. Application
08/463,960. Additionally, Cheng's amendment canceling claim 224 and adding new claim 225
is to be entered into Cheng's involved '960 application. The "currently pending" claims reflect
the status of the claims upon entry of these amendments.
2 We note that upon entry of Cheng's Amendment to Cancel Dependent Claim 224, claims
170, 171 and 172 will depend ftom canceled claim 224. Should Cheng seekfurther
prosecution of the '960 application, Cheng shall submit an amendment amending claims 170,
171 and 172 to dependfrom new claim 225. For purposes of this Judgment, it is assumed that
claims 170, 171 and 172 depend from new claim 225.
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