predicts that the pressure in the sealed containers described in the applications would rise and
fall with the microwave pulses resulting in the cyclical and intermittent application of
reduced pressure. Paper 41, pp. 4-5.
F 122. Each benefit motion identically refers to Example 2 of each application for inherent support
for the cyclical and intermittent application of reduced pressure as follows:
Inherently disclosed in Example 2 - conventional microwave ovens supply
microwave energy in pulses such that temperature rises during application of
microwave energy and then falls during absence ofmicrowave energy; based
on ideal gas law, pressure must rise and fall with changes in temperature ....
Paper 43, pp. 3 and 4; Paper 42, pp. 3 and 4; Paper 41, pp. 3 and 4.
F 123. Example 2 in each application appear to be identical and a duplicate of Example 2 in the Par6
patents reproduced in T F35, above.
F 124. Par6 Example 2 does not inherently disclose the use of vacuum or reduced pressure as part
of the extraction process. See 11 F 77 - F 95, above.
F 125. Each motion also relies on at least one additional portion of the potential benefit applications
in asserting inherency of intermittently applying reduced pressure. Paper 43, pp. 3 and 4;
Paper 42, pp. 3 and 4; Paper 41, pp. 3 and 4.
F 126. Using language that is identical except for identification of the specific column or page, each
motion argues that the applications disclose a process requiring multiple applications of
microwaves and that the ideal gas law predicts a rise and fall in temperature and pressure in
the treatment container:
[citation deleted4]- matrix samples are subjected to two microwave treatments
(first and second "exposure steps") within a closed container; during period
between microwave treatment, temperature will drop and, based on ideal gas
law, pressure must also drop ....
Paper 43, pp. 3 and 4; Paper 42, pp. 3 and 4; Paper 41, pp. 3 and 4.
F 127. PaWs Third Preliminary Motion under 37 C FR § 1.633(f) (Paper 43) relies on a additional
disclosure which is apparently only present in U.S. Application 08/327,638:
4 Ile motions cite to the Par6 patents rather than to the Par6 applications. Paper 43 refers to col. 3, line
57, through col. 4, line 7 of Pari 947. Paper 42 refers to col. 4, line 66, through col. 5, line 19 of Par6 426. Paper 41
refers to page 3, lines 7-20 of P.Ex. 2010.
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