They have shown several benefits resulting from the deuteration at the 5 prime position by comparing 3422 with the undeuterated version in their examples. In patent terminology these benefits were unexpected and surprising.
The ACHN patent application covers levels of deuterium enrichment at the claimed positions (5-prime of ribose and uridine) of 50-99% in various embodiments. Hence the point you brought up is not a concern if the patent is allowed ... which I expect it will be, based on the four separate benefits of deuteration that are shown in the examples.