Ex Parte PARE - Page 14




             F 97. The Ganzler publication does not mention the use of a vacuum or reduced pressure in                           
                    preparing chromatography samples.                                                                            
             F 98. Par6 has not provided any evidence explaining the content of the Ganzler publication from                     
                    the perspective of a person having ordinary skill in the microwave extraction art.                           
             F 99. Par6 has not provided any evidence showing the ideal gas equation applies to the complex                      
                    closed system described by Ganzler.                                                                          
             F 100. The Ganzler publication has not been shown to inherently describe applying vacuum or                         
                    reduced pressure during microwave treatment.                                                                 
                                          3) The Wennerstrum Patent                                                              
             F 101. The Wennerstrum patent does not expressly describe "intermittently applying a vacuum to                      
                    the biological material" or "intermittently applying reduced pressure."                                      
             F 102. Par6 has not provided any testimony or other evidence explaining how the Wenner-strum                        
                    patent would be understood by a person having ordinary skill in the microwave extraction                     
                    art.                                                                                                         
             F 103. Par6 has not provided any evidence showing that one having ordinary skill in the art would                   
                    understand Wermerstrum's description of maintaining a "constant reduced pressure" to                         
                    necessarily describe "intermittently applying reduced pressure" or "intermittently applying                  
                    vacuum."                                                                                                     
             F 104. The Wennerstrurn patent has not been shown to inherently describe intermittently applying                    
                    reduced pressure or vacuum.                                                                                  
                                   e. Conveying an Azeotropic Mixture and Separation from the                                    
                                          Mixture                                                                                
             F 105. With respect to the limitation requiring conveying an azeotropic mixture including the                       
                    natural product and separating the product from the azeotrope, Par6 argues:                                  
                           One of ordinary skill in the art would realize that the formation of an                               
                           azeotropic mixture will depend on the inherent nature or ability of the                               
                           specific natural product released to form an azeotropic mixture with                                  
                           water ....                                                                                            




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