definiens: shall mean the following inventions and discoveries, to the extent that they were conceived, devised and/or reduced to practice by GSK as of the September 30,2002, and which are not yet the subject of patent applications : ( i ) the following specific polymorphs / crystalline forms of gemifloxacin mesylate, methods of making the same, and intermediates usable in such methods : ( a ) ( also knows as Pseudo N ) ; ( b ) ( a specific isopropanol solvate ofmesylate ), ( also refered to as ) ; ( c ) ; ( d ) ( also referred to as ) ; ( e ) ( also referred to as 9A009907 or ), thought to be a mesylate sesquihydrate ; ( f ) Unknown IUnknown II ( possibly a desolvated Unknown II ) ; ( ii ) any unpublished methods of making the following specific polymorphs / crystalline forms of gemifloxacin mesylate : ( a ) ( anhydrous mesylate form ) ; ( b ) ( stable trihydrate of the mesylate, disclosed in Figure 6, Example 2, and claims 7 - 8 ofWO 98/42705 ) ; ( c ) ( also referred to as EF03, a sesquihydrate form of the mesylate, disclosed in Figure 7, Example 3, and claims 4 - 5 ofWO 98/42705 ) ; ( d ) ( trihydrate form ofthe mesylate, disclosed in page 4 lines 6 - 10 of WO 98/42705 ) ;