alone mention its formation in example 5. It is possible, of course, that a detectable quantity of a 1,3,5-
oxadiazine intermediate compound might be formed in the process of Shiokawa’s example 5. (SX
2056, pages 2-4). Still, the formation of a 1,3,5-oxadiazine was not a stated result of the example 5
reaction process, and there is no indication that the Shiokawa inventors were aware that such a
compound was potentially formed by the process of example 5. Indeed, example 5 does not clearly
convey to one or ordinary skill in the art that the inventors had formed a 1,3,5-oxadiazine compound or
that the inventors possessed such a compound.
2. Maienfisch’s ‘664 Application
16. Maienfisch ‘664 describes compounds having the following formula:
wherein:
A is an unsubstituted or mono- to tetrasubstituted, aromatic or non-aromatic,
monocyclic or bicyclic heterocyclic radical, where one to two of the substituents of A
can be selected from the group consisting of halo-C -C alkyl, cyclopropyl,
1 3
halocyclopropyl, C -C alkenyl, C -C alkynyl, halo-C -C alkenyl, halo-C -C2 3 2 3 2 3 2 3
alkynyl, halo-C -C alkoxy, C -C alkylthio, halo-C -C alkylthio, allyloxy,1 3 1 3 1 3
propargyloxy, allylthio, propargylthio, haloallyloxy, haloallylthio, cyano and nitro, and
one to four of the substituents of A can be selected from the group consisting of C -C
1 3
alkyl, C -C alkoxy and halogen;
1 3
R is hydrogen, C -C alkyl, phenyl-C -C alkyl, C -C cycloalkyl, C -C1 6 1 4 3 6 2 6
alkenyl or C -C alkynyl; and
2 6
X is N–NO or N–CN.
2
12
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