Does patent ‘452 form part of either U.S. patent or Canadian patent?

The evidence is clear that if the subject matter of either prior U.S. patent were worked, the result would be a racemate, not an enantiomer. Consequently it cannot be said that patent ‘452 formed part of either U.S. patent, and so the selection patent argument falls for lack of prior disclosure. (See Abbott Laboratories v. Canada (Minister of Health), 2008 FC 1359 at paragraph 75.)