Interference No. 103,675
patentable invention" as defined in 37 C.F.R. § 1.601(n). We find no
ambiguity in any of the counts.
Count 2 is directed to two alternative descriptions of
specific cyclopropyl derivatives of taxol. The first alternative
corresponds to the compound claimed in Bouchard et al.'s involved
application in claim 142 designated as corresponding to Count 2. The
second alternative corresponds to the compound claimed by Chen et al.
in claim 7 of their involved patent. Although the compounds are named
using different terminology, the different terminology defines the
same compound, that is, the compound depicted at page 81 of Chen et
al.'s priority brief. Because Count 2 does not recite that the
compound is either purified or isolated, we interpret Count 2 to
embrace either the purified and isolated compound, per se, or a
mixture of compounds which includes the compound defined by Count 2.
Count 3A is directed to a genus of compounds, defined by two
different structural formulae. The first structural formula
corresponds to the formula in Chen et al.'s claim 10 designated as
corresponding to Count 3A. The second structural formula corresponds
to the formula in Bouchard et al.'s claim 141 designated as
corresponding to Count 3A. The compounds depicted in Count 3A are the
so-called baccatin derivatives useful for preparing the compounds of
Count 2 and Count 4. Once again, the language of the count does not
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