Ex Parte PARE - Page 5




                                                       to obtain at least one natural product from the biological                                                      
                                                                 material.                                                                                             
                          Paper 6, attachment p. 1-2.                                                                                                                  
                 F 17. Mengal's Claim 20 is representative of the parties' invention as claimed by Mengal                                                              
                          (paragraphing added):                                                                                                                        
                                    20. A method of separating a natural product from a biological material,                                                           
                                    the method comprising:                                                                                                             
                                             placing the biological material in an enclosure,                                                                          
                                                       the biological material containing water,                                                                       
                                                       the enclosure essentially free of liquid water other than the                                                   
                                                                 water contained in the biological material, and                                                       
                                                       the enclosure free of organic solvent;                                                                          
                                             releasing at least part of the natural product from the biological                                                        
                                                       material                                                                                                        
                                                       by applying microwave radiation to the biological material,                                                     
                                                                 the microwave radiation effective to                                                                  
                                                                          evaporate at least part of the water contained                                               
                                                                                    in the biological material to form                                                 
                                                                                    water vapor and                                                                    
                                                                          the microwave radiation effective to split the                                               
                                                                                    cellular structure of the biological                                               
                                                                                    material;                                                                          
                                             intermittently applying reduced pressure within the enclosure                                                             
                                                       during the application of microwave radiation                                                                   
                                                                 to further split the cellular structure of the biological                                             
                                                                          material induced by application of the                                                       
                                                                          microwave radiation;                                                                         
                                             hydrodistilling the natural product                                                                                       
                                                       by conveying                                                                                                    
                                                                 the natural product and                                                                               
                                                                 the water vapor coming from the biological material                                                   
                                                                 as an azeotropic mixture; and                                                                         
                                             separating the natural product from the azeotropic mixture.                                                               
                          Paper 7, pp. 5-6.                                                                                                                            
                                    3. Pari's Preliminary Statement                                                                                                    
                 F 18. Par6's preliminary statement relies solely on the filing dates of three earlier applications for                                                
                          priority - U.S. Applications 08/327,638 and 08/012,475; and a Canadian Application which                                                     
                          is said to have become Canada Patent 2,060,93 1. Paper 32.                                                                                   

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