Even assuming that all of the above assumptions are correct, Shiokawa has failed to demonstrate that
the ‘146 patent reasonably conveys to those skilled in the art that Shiokawa invented the claimed
1,3,5-oxadiazine compounds. Rather, if correct, the above assumptions may demonstrate that the
claimed 1,3,5-oxadiazines would have been obvious to one skilled in the art. Specifically, the
assumptions may further demonstrate that one skilled in the art may have been motivated to form the
claimed 1,3,5-oxadiazines with the reasonable expectation that they would function as effective
insecticidal compounds.
iii. Shiokawa’s Assumptions Evidence Obviousness Not Written
Description
Shiokawa’s assumptions, if correct, do not establish that one skilled in the art would understand
that Shiokawa invented the claimed 1,3,5-oxadiazine compounds. For instance, Shiokawa has chosen
to focus on the Z group of the heterocycles formed from the acyclic reactants mentioned in the ‘146
patent, i.e., Shiokawa attempts to direct our attention to the intermediate 1,3,5-triazine heterocycles of
col. 3, lines 35-53, several of which were prepared in examples 5-7. Taken as a whole, however, the
‘146 patent teaches that the insecticidal heterocyclic compounds of the invention are obtained from
heterocyclic compounds of formula (III) depicted below:
35
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