L Introduction
Because of their similar subject matter and common parties, ajudgment consolidating
interferences 104,396, 104,523( ...523 ") and 104,524 ( ...524 ") was entered (104,396 at P Iper 30,
'523 and '524 at Paper 2). Judgment awarding priority against Cheng as to both counts in
interference 104,396 was entered on 3 May 2002 (Paper 233 at 78).
Oral hearing on priority was held in interferences '523 and '524 on 6 May 2002. In
interference '523 we award priority against Furman as to the single count. In interference '524
we award priority against Furman as to all counts.
Brief summarv of the involved technolo
The interference is directed to a method of administering an effective amount of an
enantiomeric compound for the treatment of hepatitis B virus ("HBV"). The enantiomeric
compound of interest is cis-4-amino-l-(2-hydroxymethyl-1,3-oxathiolan-5-yl)-(IH)-pyrimidin-2
one which can be in the form of its (-) enantiomer or its (+) enantiomer. When both the (-) and
(+) enantiomers are present in equal amounts, the mixture is referred to as a "racemic mixture,"
which in this instance is also known as "BCH- 189." (Belleau et al., U.S. Patent No. 5,532,246,
col. 2, lines 33-42). The enantiomers of BCH-l 89 are referred to as the (+) and (-) optical
isomers because they cause the plane of polarized light to rotate in opposite directions. The
enantiomer rotates light in a polarimeter in a clockwise rotation (dextrorotatory) whereas the
enantiomer rotates light in a counterclockwise direction ("levorotatory").
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