11. Pari's Preliminary Motions
A. Pari's Motion Asserting the Unpatentability of Mengal's Claims
1. Findings of Fact
F 19. Par6 asserts that Mengal's involved claims are unpatentable under 35 U.S.C. § 10 I(a) over
the combination of either of U.S. Patent 5,519,947 (P. Ex.2 2001) or U.S. Patent 5377.426
(P. Ex. 2002) combined with a publication by Gartzler et al. (P. Ex. 200 1) and U.S. Patent
4,882.851 to Wennerstrum (P. Ex. 2004). Paper 40.
F 20. U.S. Patents 5,519,947 and 5,377,426 each issued in the name of J. R. Jocelyn Pard, the
junior party.
a. Mengal's Claimed Subject Matter
F 21. All of Mengal's involved claims require placing a biological material into a container and
subjecting the material to microwaves in order to extract a natural product. Paper 7, pp. 2-9.
F 22. The microwaves are said to cause the evaporation of water in the biological material
resulting in the hydrodistillation of the desired product. E.g., Paper 7, Claim 20, pp. 5-6.
F 23. Mengal's claims also include either or both of two limitations relevant to Pard's motion: 1)
the intermittent application of vacuum or reduced pressure (Mengal Claims 1-5,8,9, 11, and
14-21, 23-30 and 32) and 2) the recovery of the natural product and water in the form of an
azeotropic mixture and that the separation of the natural product from the azeotrope (Mengal
Claims 20, 21, and 23-32). Paper 7, pp. 2-9.
F 24. Mengal's Claim 20 is representative in having both limitations and is reproduced in ý F 15,
above.
b. The Cited Prior Art
1) U.S. Patent 5,377,426 (Pari 426)
F25. Par6 426 relates to microwave assisted generation of volatile components from a variety of
materials. P. Ex. 2002, col. 1, 11. 7-9.
2 "P. Ex." means Part Exhibit.
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