Interference 105,039 Paper No. 28
Andree v. Klintz Page 7
23. The subgenus compounds of Count 1 are represented by
Klintz formula (i), as defined in Klintz claim 53, which reads in
relevant part as follows:
A compound of formula (i)
R' X1 R2
\ N_ý
R4__ N__ R' 0)
R5 x2 W
wherein
X' and X1 are oxygen;
R5 represents hydrogen, fluorine, chlorine, bromine
or optionally fluorine- and/or chlorine
substituted Cl-C4-alkyl;
R4 represents optionally fluorine- and/or chlorine
substituted C,-C,-alkyl;
R3 represents hydrogen, amino, optionally cyano-,
chlorine-, or C,-C, -alkoxy- substituted Cl-C6-alkyl,
or represents C,-C6-alkenyl or C3-C6-alkynyl;
R2 represents hydrogen, fluorine or chlorine;
R1 represents cyano; and
W represents one of the groupings below
-CH (R8) -CH (R9) -CO-R10 -C (R') =C (R9) -CO-R'O
- C (R8) =C (R9) -CN
in which * * *.
24. Klintz claims 54 and 55, which depend from claim 53,
are drawn to a composition and a method of use, respectively.
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