SHIOKAWA et al. V. MAIENFISCH et al. - Page 5




                        a.      U.S. Application No. 08/464,931, filed June 5, 1995, now U.S. Patent No. 5,852,012                       

                                issued December 22, 1998.                                                                                

                        b.      U.S. Application No. 08/270,612, filed July 5, 1994, now abandoned.                                      

                        c.      U.S. Application No. 08/091,801, filed July 14, 1993, now abandoned.                                     

                        d.      Swiss Patent Application 2315-92-1, filed July 22, 1992.                                                 

                (Paper No. 1, p. 46).                                                                                                    



                        D.      Disclosures of the Application and Patent Involved in the Interference                                   

                                1.      Shiokawa’s ‘146 Patent                                                                           

                4.      Shiokawa ‘146 is said to describe insecticidal compounds, a process for their preparation and                    

                the use of the compounds as insecticides.  (SX 2003, col. 1, lines 8-10).  In particular, Shiokawa ‘146                  

                describes a genus of insecticidal compounds have the following formula (I):                                              





                                (I)                                                                                                      



                wherein:                                                                                                                 

                        A represents a five-membered or six-membered heteroaryl group comprising one to three                            
                hetero atoms selected from the group consisting of S, O and N and the heteroaryl group being                             
                unsubstituted or substituted by a halogen atom or C  alkyl group;                                                        
                                                                       1-4                                                               
                        Z represents a three-membered straight chain each member being selected from the group                           
                                                   2                                                           2                   
                consisting of CH , O, S and N–R  with at least one of said three members being O, S or N--R ;                            
                                  2                                                                                                      
                                                         2             2                                                                 
                        E represents CH , O, S or N–R , wherein R  represents a hydrogen atom, a C  alkyl group,2                                                            1-4                           
                a C  alkoxy group or the group:                                                                                          
                   1-4                                                                                                                   
                                                                   3                                                                     





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