Ex Parte PARE - Page 12

MEMNON                                                                                                                           



             F 72. Par6 also relies on the Ganzler publication's description of repeated cycles of microwave                     
                    heating of sealed containers followed by cooling to room temperature as inherently                           
                    describing the intermitted application of reduced pressure. Paper 40, p. 2 1.                                
             F 73. According to Pard, "[o]ne having ordinary skill in the art, again applying the ideal gas                      
                    equation, would realize that pressure will be cycled up and down during this operation,                      
                    thereby supplying the intermittently applied reduced pressure." Paper 40, p. 2 1.                            
             F 74. Pard asserts that the Wermerstrum patent also inherently discloses intermittent application                   
                    of reduced pressure. Paper 40, pp. 20-2 1.                                                                   
             F 75. Par6 argues that Wennerstrurn teaches maintaining a constant vacuum pressure in a                             
                    microwave drying process by opening and closing a small valve connected to a vacuum.                         
                    Paper 40, pp. 20-2 1.                                                                                        
             F 76. According to Par6, the opening and closing of the valve results in the application of                         
                    intermittent reduced pressure, Paper 40, pp. 20-2 1.                                                         
                                   d. Inherency of the Intermittent Application of Reduced Pressure                              
                                           1) The Pari Patents                                                                   
             F 77. Example 2 of Pari 426 and of Par6 947 does not expressly describe "intermittently applying                    
                    a vacuum to the biological material" or "intermittently applying reduced pressure."                          
             F 78. The remaining portions of Pard 426 or 947 do not expressly describe "intermittently applying                  
                    a vacuum" or "intermittently applying reduced pressure."                                                     
             F 79. Neither Par6 426 nor Par 947 mention the use of vacuum or reduced pressure generally in                       
                    the specification or specifically in relation to separating volatile components.                             
             F 80. Neither Example 2 of Pard 426 nor Example 2 of Pard 947 expressly describe the source of                      
                    the microwaves.                                                                                              
             F 81. Neither Example 2 of Pard 426 nor Example 2 of Pard 947 expressly describe the use of a                       
                    microwave oven.                                                                                              
             F 82. Pard 426 does not include the phrase "microwave oven."                                                        
             F 81 Par6 426 refers only to a "microwave applicator" as the source of microwave energy. P. Ex.                     
                    2002, col. 2,11. 13-22; col. 3,1. 66 - col. 4,1. 33.                                                         


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