R represents a or the group hydrogen atom or halogen atom;3
X represents CH or N, Y represents a nitro group or cyano group; and,
R represents a hydrogen atom or methyl group.1
(SX 2003, col. 1, lines 18-45, emphasis added). The preferred compounds are those in which:
A is limited to 2-chloropyridin-5-yl or 2-chlorothiazol-5-yl;
Z is limited to 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
E is limited to CH , O, S or N–R ; 2
2
R is limited to a C alkyl group, a C alkoxy group or 2-chloropyridin-5yl methyl;2 1-3 1-3
X is limited to N; and,
Y is limited to a nitro group or cyano group.
(SX 2003, col. 2, lines 8-15, emphasis added).
5. Shiokawa ‘146 does not state a preference for a particular compound or subset of compounds
falling within the scope of the “preferred compounds” of the invention. Similarly, beyond the explicitly
defined “preferred compounds,” Shiokawa ‘146 does not direct one skilled in the art to select one
particular exemplified compound over another.
6. According to Shiokawa ‘146, the heterocyclic compounds of the invention can be obtained by
reacting compounds of formula II (depicted below) with compounds of formula
III (depicted below).
4
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