Additionally, assuming Ganzler and Wennerstrum evidence that it was known to
intermittently apply reduced pressure during the microwave treatment, Par6 has not explained the
motivation for combining the teachings of Ganzler and Wennerstrum with the teachings of the Par6
patents. ."Obviousness cannot be established by combining the teachings of the prior art to produce
the claimed invention, absent some teaching, suggestion or incentive supporting the combination."
In re Ngpig, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995); In re Bon 910 F.2d 83 1,
834, 15 USPQ2d 1566, 1568 (Fed. Cir. 1990) (guoting Carella v. Starlight Archery and Pro Line
Co., 804 F.2d 135, 140, 231 USPQ 644, 647 (Fed. Cir. 1986)). %ile Par& argues that "these
references teach that such procedures result in significantly improved process for release of
volatiles" (Paper 40 p. 21), our reading of the references indicates that the specified benefits
(Ganzler, p. 305, 1` full 1; Par6 426, col. 8,11. 34-42; Pare' 947, col. 8,11. 32-38) are taught to be
attributable to the use of microwaves not to the use of intermittently applied reduced pressure. Par6
has failed to direct us to evidence of sufficient character and weight to establish motivation to
modify the process and apparatus described in the Par6 patents. "The absence of such a suggestion
to combine is dispositive in an obviousness determination." Gambro Lundia AB v. Baxt
Healthcare Corp., 110 F.3d 1573, 1579, 42 USPQ2d 1378, 1383 (Fed. Cir. 1997); SmithKline
Diaimostics, Inc. v. Helena Lab. CoW., 859 F.2d 878, 886-87, 8 USPQ2d 1468, 1475 (Fed. Cir.
1988).
C. Obviousness of Using an Azeotropic Mixture
Par6 claims 20, 21 and 23-32 include an additional difference not disclosed by the Par6
patents: "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." Par& has
not directed us to any evidence relating to this limitation. 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 azectropic mixture with
water ....
One of ordinary skill in the art would consider this as part of a standard
separation method for azeotropic mixtures; once the natural product is
collected, one of ordinary skill in the art would know of a number of
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