Is Your Enantiomer Possessed?

It is well established that an enantiomerically pure compound exhibiting advantageous properties not present in its isomer or its corresponding racemic mixture, can be patented even if its corresponding racemic mixtures are known in the art (See e.g., In re May, 574 F.2d 1082 at 1090; Sanofi-Synthelabo v. Apotex, Inc. 550 F.3d 1075-1084; Forest Laboratories, Inc. v. Ivax Pharmaceuticals, Inc., 501 F.3d 1263 (Fed. Cir. 2007) at 1268-69, and Sanofi-Synthelabo v. Apotex, Inc. 550 F.3d 1075 at 1085). But without identification of an exact enantiomeric structure, does a showing of physical possession of an advantageous enantiomer fulfill the written description requirement?

Stereoisomers are molecules that share the same chemical formula and sequence of atoms but differ in their three-dimensional configuration. Enantiomers are stereoisomers that are mirror images of each other. A racemic mixture comprises two enantiomers of the same molecule in equal parts.