SHIOKAWA et al. V. MAIENFISCH et al. - Page 10




                compounds formed in examples 2, 3 and 4 possess an E group that is N-R  where R  is H.  (See SX2         2                               

                2003, examples 2-4 and structures depicted therein).                                                                     

                11.     When the intermediate compounds of examples 5, 6 and 7 were employed in examples 2, 3                            

                and 4, the stated result was not a preferred heterocyclic compound of the ‘146 patent.  Examples 5, 6                    

                and 7 describe the preparation of an intermediate compound that possesses an E moiety where E is N-                      
                R  and where R  is H.  (SX 2003, examples 5-7 and structures depicted therein).  The compounds of2             2                                                                                                        

                examples 5, 6, and 7 were used in examples 2, 3 and 4 as follows:                                                        

                        (1)     An intermediate compound of example 5 (5-methoxy-2-ntiroimino-hexahydro-1,3,5-                           

                triazine) was reacted with 2-chloro-5-chloromethyl-pyridine in example 4.  The resulting “desired”                       

                compound was not a preferred compound of the invention.                                                                  

                        (2)     An intermediate compound of example 6 (5-methyl-2-nitroimino-hexahydro-1,3,5-                            

                triazine) was reacted with 2-chloro-5-chloromethyl-pyridine in example 2.  The resulting “desired”                       

                compound was not a preferred compound of the invention.                                                                  

                        (3)     An intermediate compound of example 7 (5-methyl-2-cyanoimino-hexahydro-1,3,5-                            

                triazine) was reacted with 5-chloro-2-chloromethylpyridine in example 3.   The resulting “desired”                       

                compound was not a preferred compound of the invention.                                                                  



                12.     According to Shiokawa ‘146, compounds that can be prepared in analogous reactions to those                       

                of examples 1-4 are depicted in Table 1.  (SX 2003, col. 8, lines 58-61).  Table 1 depicts the                           

                structures of forty compounds, four of which were those obtained in examples 1-4.  Not one of the                        



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