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shannu
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Infringment
« on: Oct 9th, 2007, 12:57am »
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Dear Group:
 
A small query:
 
The US Patent claims a process claim wherein solvent is a low boiling solvent (specification described low boiling solvent ranging from 55 to 120 0C) and therefore generically it covers acetonitrile (BP: 80 0C), however the specification does not talk about nitrile solvents such as acetonitrile. Is it possible to use acetonitrile in light of the said US patent? Does this lead to infringement?
 
Regards
 
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Bill Richards
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Re: Infringment
« Reply #1 on: Oct 9th, 2007, 1:39am »
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On the surface, it appears that the answer to your question is "yes", and it appears you've answered it yourself.  As the claim recites a low boiling solvent and you seem to belive acetonitrile fits that definition, then that may be the answer.  However, as you allude, the claims are read in light of the specification.  Without reviewing the entire specification and even the prosecution history, it's not possible to give a firm answer.
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William B. Richards, P.E.
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shannu
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Re: Infringment
« Reply #2 on: Oct 9th, 2007, 6:26am »
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Thanks
 
Agreed. If acetonitrile falls within the definition of low boiling solvents then there may be infrigement issues, but if we consider specification  / file wrapper, DMSO is used.
 
Please suggest.
 
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TataBoxInhibitor
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Re: Infringment
« Reply #3 on: Oct 9th, 2007, 9:24am »
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You would obviously not have any literal infringement issues, but consider the DOE.  I think the issue would be a "low boiling point solvent", described in the spec as between 55 to 120 be sufficient to cover other equivalent solvents?   If in the PH it is limited to DMSO, then there is a better shot of not infringing.
 
In what context in the PH is DMSO talked about?  One of suggested alternatives?  An actual amendment?  
 
Regards,
 
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