SHIOKAWA et al. V. MAIENFISCH et al. - Page 27






                       wherein R is alkylsulfonyl (C -C );                                                                            
                                                      1  6                                                                            
                               R  is selected from the group consisting of H, alkyl (C -C ), and cycloalkyl1                                                  1  4                                          
                       (C -C );                                                                                                       
                          3  6                                                                                                        
                          36R  is from the group consisting of H, alkyl (C -C ), haloalkyl (C -C ), alkoxy                            
                                 2                                         1  4              1  4                                
                       (C -C ), alkenyl (C -C ), alkynyl (C -C ), aryl, and haloaryl, and wherein R  and R1  4            2  4            2   4                                 1       2                        
                       are alkylene which, together with N, form a ring of at least 3, but not more than 6                            
                       members;                                                                                                       
                               R  is H or alkyl (C ); and X is selected from the group consisting of oxygen3              1-6                                                                                 
                       and sulfur.                                                                                                    

                       As support for claim 13, Driscoll referred to the earlier applications describing a compound                   

               having the following formula:                                                                                          







                               wherein R is selected from the group consisting of H, alkyl (C -C ), haloalkyl                         
                                                                                                 1  6                                 
                       (C -C ), cycloalkyl (C -C ), halocycloalkyl (C -C ), alkoxy, alkoxyalkyl,1  6               3  6                    3  6                                                           
                       alkoxyalkylthio, aryl, substituted aryl, alkenyl (C -C ), alkylthio (C -C ), alkylsulfoxide2   6             1   6                                    
                       (C -C ), and alkylsulfonyl (C -C );1  6                       1  6                                                                            
                          16R   is selected from the group consisting of H, alkyl (C -C ), and cycloalkyl                             
                                 1                                                   1  4                                         
                       (C -C );                                                                                                       
                          3  6                                                                                                        
                          36R  is from the group consisting of H, alkyl (C -C ), haloalkyl (C -C ), alkoxy                            
                                 2                                         1  4              1  4                                
                       (C -C ), alkenyl (C -C ), alkynyl (C -C ), aryl and haloaryl, and wherein R  and R1  4            2  4            2   4                                 1      2                         
                       are alkyl which, together with N, form a ring of at least 3, but not more than 6                               
                       members;                                                                                                       
                               R   is H or alkyl (C ); and X is selected from the group consisting of oxygen3               1-6                                                                                
                       and sulfur.                                                                                                    

               Id. at 1247, 195 USPQ at 435, emphasis added.  Accordingly, it can be seen that the compound of                        

               claim 13 is the same as that previously described except claim 13 limited substituent R to just                        

               alkylsulfonyl (C -C ).                                                                                                 
                                1   6                                                                                                 

                                                                 25                                                                   





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