Ex Parte Desponds et al - Page 5


              Appeal No. 2006-2428                                                                      Page 5                 
              Application No. 10/362,500                                                                                       

              with the other claims.  See the Appeal Brief, at pages 5, 6, 9 and 10.  Claim 1 reads as                         
              follows:                                                                                                         
                      1.  A process for the preparation of a compound of the formula                                           




                      and, where appropriate, an E/Z isomer, a mixture of E/Z isomers and/or a                                 
              tautomer thereof, in each case in free form or in salt form, wherein                                             
                      Q is CH or N;                                                                                            
                      Y is NO2 or CN;                                                                                          
                      Z is CHR3, O, NR3 or S;                                                                                  
                      R1 and R2 either are each independently of the other hydrogen or C1-C8 alkyl                             
              which is unsubstituted or substituted by R4 or together are an alkylene bridge having                            
              two or three carbon atoms which optionally contains a hetero atom selected from the                              
              group consisting of NR5, O and S,                                                                                
                      R3 is H or C1-C12 alkyl which is unsubstituted or substituted by R4,                                     
                      R4 is unsubstituted or substituted aryl or heteroaryl, and                                               
                      R5 is H or C1-C12 alkyl; wherein                                                                         
              a) a compound of formula                                                                                         



                      wherein X is a leaving group, is reacted with chlorine to form a compound of                             
              formula                                                                                                          


                                                                                                                              
                      or, where appropriate, a tautomer thereof, in each case in free form or in salt                          
              form; and                                                                                                        
                      (b) the compound of formula (III) thereby obtained is reacted with a compound of                         
              formula                                                                                                          











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