Examples 5 and 6 (mislabeled as Example 4 at col. 11, line 58) - provides
cycles of microwave irradiation and spinning (15 see irradiation, 5 see
spinning, 15 see irradiation, 5 see spinning) (col. 10, lines 13-20; col. 12,
lines 19-25); during spinning periods (i.e., no irradiation), temperature will
drop and, based on ideal gas law, pressure must also drop.
Paper 43, pp. 3 and 4.
F 128. Par6 has not provided any evidence explaining the content of the Par6 applications from the
perspective of a person having ordinary skill in the microwave extraction art.
F 129. Par6 has not provided any evidence showing that the ideal gas equation may be relied upon
to predict the behavior of the gases subject to multiple exposure to microwaves described in
the Par6 applications.
F 130. The Par6 applications have not been shown to inherently describe applying vacuum or
reduced pressure during microwave treatment.
F 131. Par6 has not proved that U.S. Applications 08/327,638 and 08/012,475 inherently describe
a process which includes cyclically and intermittently applying reduced pressure during the
microwave treatment.
F 132. Par6's involved application is not entitled to the benefit of the filing dates of U.S.
Applications 08/327,638 and 08/012,475.
2. Analysis
Par6moves for the benefit of the filing date ofU.S. Applications 08/327,638 and08/012,475
and of a Canadian application. Papers 41-43. We deny Par6's preliminary motions.
None of the proposed benefit applications expressly disclose the cyclical and intermittent
application of reduced pressure. Par6 asserts that the limitation "cyclically intermittently applying
reduced pressure within said enclosure during said step for the application of microwaves" in Par6
Claim I and the limitation "cyclically intermittently applying reduced pressure during the microwave
treatment" in Par6 Claim 10 are inherently described in the disclosures of the potential benefit
applications.
a. The Benefit of the Filing Date of the Canadian application
Par6's preliminary motion for benefit of the filing date of the Canadian application (Paper
43) relies on P. Ex. 2010 which purports to be a copy of a Canadian application. However, the
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