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`re arenes 0465
`AX: +
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`Telephone No. +49 89 2399-0
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`"0099 say"
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` see form ePCTASA210 Bakboord, Joan 5 9d) European Patent Office ))—= —sD-80298 Munich
`
`PATENT COOPERATION TREATY
`
`From the
`INTERNATIONAL SEARCHING AUTHORITY
`
`
`To
`
`see form PCTASA/220
`
`PCT
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`(PCT Rule 43b6is.1)
`
`
`Date of mailing
`(day/monthYear)
`
`see form PCTASA/210 (second sheet)
`
`Applicant's or agent's file reference
`see form PCTASA220
`
`FOR FURTHER ACTION
`See paragraph 2 below
`
`
`
`International application No.
`PCT/EP2019/077185
`
`Internationalfiling date (day/month/year)
`08.10.2019
`
`Priority date (day/month/year)
`09.10.2018
`
`
`
`
`
`International Patent Classification (IPC) or both national classification and IPC
`INV. C07D205/04 C07D401/06 C07D401/10 CO07D401/44 CO07D40306 CO7D403/10 CO7D405/06 CO7D413/6
`C07D4176 A01N35/06
`Applicant
`SYNGENTA CROP PROTECTION AG
`
`
`1.
`
`This opinion contains indications relating to the following items:
`
`J Box No.|
`TC Box No.|
`L1 Box No.III
`[LC Box No. IV
`bd Box No. V
`
`Box No. VI
`
`Basis of the opinion
`Priority
`Non-establishment of opinion with regard to novelty, inventive step and industrial applicability
`Lack of unity of invention
`Reasoned statement under Rule 43b6is.1(a)(i) with regard to novelty, inventive step and industrial
`applicability; citations and explanations supporting such statement
`-Gertain documentscited
`
`OOO Box No. Vill Certain observations on the international application
`
`Box No. Vil
`
`Certain defects in the international application
`
`2.
`
`FURTHER ACTION
`
`If a demand for international preliminary examination is made, this opinion will usually be considered to be a
`written opinion of the International Preliminary Examining Authority ("IPEA") except that this does not apply where
`the applicant chooses an Authority other than this one to be the IPEA and the chosen IPEAhasnotifed the
`International Bureau under Rule 66.16is(b) that written opinions of this International Searching Authority
`will not be so considered.
`
`If this opinion is, as provided above, considered to be a written opinion of the IPEA, the applicant is invited to
`submit to the IPEA a written reply together, where appropriate, with amendments, before the expiration of 3 months
`from the date of mailing of Form PCTASA220 or before the expiration of 22 months from the priority date,
`whichever expireslater.
`
`For further options, see Form PCTASA/220.
`
`
`Name and mailing address of the ISA:
`Date of completion of
`Authorized Officer
`this opinion
`
`%®Perey
`
`ugad®™
`
`
`
`Form PCTASA/237 (Cover Sheet) (January 2015)
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`PCT/EP2019/077185
`
`Box No.| Basis of the opinion
`
`1. With regard to the language, this opinion has been established on the basis of:
`
`the international application in the language in which it wasfiled.
`
`a translation of the international application into , which is the language of a translation furnished for the
`purposesof international search (Rules 12.3(a) and 23.1 (b)).
`
`This opinion has been established taking into account the rectification of an obvious mistake authorized
`by or notified to this Authority under Rule 91 (Rule 43/s.1(a))
`
`With regard to any nucleotide and/or amino acid sequencedisclosedin the international application, this
`opinion has been established on the basis of a sequencelisting:
`
`i O
`
`a.
`
`LU forming part of the international application asfiled:
`
`C1
`
`in the form of an Annex CST.25 textfile.
`
`C1 on paper or in the form of an imagefile.
`
`b.
`
`OO furnished together with the international application under PCT Rule 13ter.1(a) for the purposesof
`international search only in the form of an Annex CAST.25textfile.
`
`c.
`
`LU furnished subsequent to the internationalfiling date for the purposesof international search only:
`
`C1
`
`in the form of an Annex C/ST.25textfile (Rule 13fer.1(a)).
`
`C1 on paper or in the form of an imagefile (Rule 13fer.1(b) and Administrative Instructions, Section
`713).
`
`In addition, in the case that more than one version or copy of a sequencelisting has been filed or furnished,
`the required statements that the information in the subsequent or additional copies is identical to that
`forming part of the application as filed or does not go beyond the application as filed, as appropriate, were
`furnished.
`
`5. Additional comments:
`
`Form PCTASA/237 (January 2015)
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`PCT/EP2019/(077185
`
` Reasoned statement under Rule 43 bis.1(a)(i) with regard to novelty, inventive step or
`Box No. V
`industrial applicability; citations and explanations supporting such statement
`
`1. Statement
`
`Novelty (N)
`
`Inventive step (IS)
`
`Industrial applicability (IA)
`
`2. Citations and explanations
`
`see separate sheet
`
`Yes:
`No:
`
`Claims
`Claims
`
`Yes:
`
`Claims
`Claims
`
`Yes:
`No:
`
`Claims
`Claims
`
`Form PCTASA/237 (January 2015)
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING
`AUTHORITY (SEPARATE SHEET)
`
`International application No.
`
`PCT/EP2019/077185
`
`Re ltem V
`
`Reasoned statementwith regard to novelty, inventive step or industrial
`applicability; citations and explanations supporting such statement
`
`1
`
`2
`
`3
`
`The present application relates to 2-azaspiro[3.5]nonane derivatives as
`herbicides.
`
`Reference is made to the following documents:
`
`WO 2014/096289 Ae, cited in the application
`
`WO 2015/197468 A1, cited in the application
`
`D1
`
`D2
`
`Novelty
`
`Documents D1 and D2 generically disclose the compounds of formula I.
`However the azetidenyl group is not exemplified. The compounds are
`herbicides.
`
`A compound of formula | is not disclosed in the cited prior art. Claims 1-10
`therefore fulfil the requirements of Art 33(2) PCT.
`
`Claims 11 - 13 describe a herbicidal composition comprising a compound of
`formula | and are novel by consequence.
`
`Claim 14 describes a method of controlling weeds compising applying a
`compound of formula | and is novel by consequence.
`
`Claim 15 describes the use of a compound of formula | as a herbicide and is
`novel by consequence.
`
`4
`
`Inventive step
`
`Starting from any of documents D1 or D2 the problem to be solved may be
`regardedto bethe provision of further cyclohexanedione derivatives to be used
`as herbicides. The solution of the applicant resides in the compounds of formula
`|, which are specifically substituted with a spiro azetedinyl group. This group is
`generically also disclosed in documents D1 and D2 but none of the examples
`showsthis substituent. The applicant in table B3 showsthat a compound of
`formula | (Compound 1.001) exhibits improved crop safety vis-a-vis a structurally
`similar compound of document D1 (compound A-38), whilst retaining good
`overall weed control. As the structural modifications have not been made
`obvious bythe prior art the solution of the applicant may be regarded to
`repesent an inventive step (Art 33(3) PCT).
`
`Form PCT/ISA/237 (Separate Sheet) (Sheet 1) (EPO-April 2005)
`
`