Interference No. 104,396
Page 5
terms racernate and (+)-enantiomer.
There is convincing evidence of record that one skilled in the art would understand that
the term (-)-enantiomer refers to the (-) enantiomer in its pure form with the understanding that
the pure (-) enantiomer nevertheless may contain some amount of contamination of the (+)
enantiomer. For example, Dr. Doong, testified that:
My definition minus would be like hundred percent minus. That - [sic] what the
definitions are, the minus would be minus, plus would be plus.
(Deposition Testimony of Dr. Doong, Cheng Record, p. 262, lines 4-7). Similarly, Dr. Cheng
testified that his "definition of the (-) enantiomer is more than 95 percent purity of (-)
enantiomer." (Deposition Testimony of Dr. Cheng, Cheng Record, p. 208, lines 13-15).
Moreover, as noted in the Decision on Preliminary Motions (Paper No. 189), Belleau has
submitted evidence demonstrating that the (-)-enantiomer is likely to have some contamination
of the (+)-enantiorner present, e.g., I or 2%. (Paper No. 189, p. 24, BX 2075, p. 915; BX 2102,
p. 7295).
In light of the facts presented, we hold that the term (-)-enantiomer refers to the
enantiomer in its pure form with only a minor amount of contamination of the (+)-enantiomer.
Giving the term "(-)-enantiomer" its broadest reasonable meaning as understood by one of
ordinary skill in the art, we further hold that the term "(-)-enantiomer" contains, at most, no more
than 5 weight percent contamination of the (+)-enantiomer.
The Meaning- of the Phrase "Comprising, (-)-Enantiomer"
The term "comprising" allows for the addition of other unrecited elements to the claimed
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