SHIOKAWA et al. V. MAIENFISCH et al. - Page 11




                thirty-six compounds which could be prepared by reactions analogous to examples 1-4 was a 1,3,5-                         

                oxadiazine.                                                                                                              



                13.     In Shiokawa examples 8 and 9, the compounds of Table 1, numbered 2, 3, 11, 12, 14, 15, 16,                       

                17 and 40 were allegedly tested for their insecticidal properties.  (SX 2003, col. 18, line 45 to col. 19,               

                line 28).  The tested compounds were said to exhibit a 100% insect mortality rate when tested at                         

                concentrations of 200 ppm and 500 ppm.  (SX 2003, col. 19, lines3-5 and 26-28).                                          



                14.     Shiokawa claim 1 reads as follows:                                                                               

                        A heterocyclic compound of the formula:                                                                          







                wherein                                                                                                                  
                        A represents 2-chloropyridin-5-yl or 2-chlorothiazol-5-yl;                                                       
                        Z  represents O;1                                                                                                               
                        R  represents a hydrogen atom, a C  -alkyl group or 2-chloropyridin-5-ylmethyl;2                                                                                                               
                                                             1-4                                                                         
                        X represents CH or N;                                                                                            
                        Y represents NO  or CN; and                                                                                      
                                          2                                                                                              
                        R  represents a hydrogen atom or a methyl group.1                                                                                                               


                (SX 2003, claim 1).  The claimed compound is a 1,3,5-oxadiazine due to the presence of the oxygen                        

                atom (O) in “1” position and the nitrogen atoms (N) in the “3” and “5” positions of the ring structure on                




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