selective permeable membrane that allows the selective passage at least one of the volatilizable
materials. P. Ex. 2001, col. 3, 11. 57-67; P. Ex. 2002, col. 3, 11. 50-53. Par6 has not presented
evidence that the ideal gas equation is applicable to a system which includes solid and liquid phases
in addition to a mixture of gases and in which gas is both generated and removed from the system.
The same is true for the additional disclosure only present in Application 08/327,638. P. Ex. 2001,
col. 11, 1. 59 - col. 12,1. 30. The systems there disclosed include both solid (soil), liquid (methanol)
and multiple gases as well as changes in state due to the application of microwaves. Par6 has failed
to prove that the ideal gas equation describes the behavior of such a system. Thus, Par6 has failed
to prove that the processes described in the Par6 applications necessarily will result in the cyclical
and intermittent application of reduced pressure during the microwave treatment.
PaWs preliminary motions for benefit (Paper 41-43) fail to make out a prima facie case of
entitlement for benefit and are, therefore denied. Since PaWs benefit motions did not make out a
prima facie case, it was unnecessary to and we have not, considered Mengal's oppositions or PaWs
replies to the oppositions.
FINAL JUDGMENT
Par& is thejunior party in this interference. PaWs preliminary statement relies for priority
on the benefit of the filing dates of Applications 08/327,638 and 08/012,475 and the Canadian
Application. Par6's motions for benefit of those applications were denied. Thus, Par6 can not
prevail on priority and it is appropriate to enterjudginent on priority at this time. Since all of PaWs
involved claims are unpatentable under 35 U.S.C. § 102(g), it is unnecessary to consider Mengal's
preliminary motions.
ORDER
It is
ORDERED that judgment on priority as to Count 1, the only count in this interference, is
awarded against junior party J. R. JOCELYN Par6;
FURTHER ORDERED thatjunior party, J. R. JOCELYN Par6, is not entitled to a patent
containing Claims 1-15 of Patent 5,884,417 which correspond to Count 1;
FURTHER ORDERED that if there is a settlement agreement and it has not already been
filed, attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661; and
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