Ex Parte PARE - Page 21



             through the selective semi-permeable membrane. Pare' has not presented evidence or argument                         
             showing that the ideal gas equation may be relied upon to adequately predict the behavior of such                   
             a system.                                                                                                           
                    Par& also relies on Wennerstrum and Ganzler to suggest or teach the application of reduced                   
             pressure during the application of microwaves.                                                                      
                    With respect to Ganzler, Par6 does not argue that Ganzler expressly teaches the use of                       
             reduced pressure while microwaves are being applied. Rather, it is asserted that the references                     
             inherently disclose using reduced pressure. The argument supporting inherency is the same as relied                 
             upon with respect to the Par6 patents -that Ganzler's description of repeated application of                        
             microwaves to a material in a closed container and the ideal gas equation indicate the intermittent                 
             application of reduced pressure. Our reasoning as to why the Par6 patents do not inherently descr ibe               
             the use of reduced pressure during the application of microwaves applies with equal force to the                    
             Ganzler publication. Ganzler teaches a microwave extraction process in which samples ofbiological                   
             materials are ground, suspended in a solvent, sealed in screw-cap vials, and subject to repeated                    
             cycles of thirty seconds of microwave radiation and cooling to room temperature. The suspension                     
             was not allowed to boil during irradiation. The suspensions were then centrifuged and the liquid                    
             portion analyzed. As with the Par6 patents, Par6 has not presented arguments or evidence showing                    
             the ideal gas equation is suitable to predict the behavior of the gases in a complex system including               
             gas, liquid and solvent described by Ganzler.                                                                       
                    Par6 also relies on Wennerstrurn as teaching the intermittent application of reduced pressure                
             limitation. Wennerstrum relates to processes and apparatus for microwave vacuum drying. The                         
             patent teaches a method including the steps of placing the product to be dried in a container, placing              
             the container and product into a chamber, pulling a vacuum in the chamber and applying microwaves                   
             to the product until drying is completed. P. Ex. 2004, col. 13,11. 11-38. The vacuum in the chamber                 
             is maintained at a constant reduced pressure using a dual valve or a diaphragm system. The valves                   
             are operated so as to consistently maintain the desired vacuum in the chamber. P. Ex. 2004, col. 7,                 
             11. 42-68. Par6 argues that the step of intermittently applying reduced pressure within the enclosure               
             is inherently taught by Wennerstrum. Referring specifically of Column 7, lines 42-63 of                             
             Wennerstrurn Par& specifically argues that                                                                          

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