Ex parte SINOFSKY - Page 5




          Appeal No. 95-0065                                                          
          Application 07/568,348                                                      



                    pulse widths and energy densities capable                         
                    of vaporizing tissue    such as those                             
                    claimed since these are not critical; are                         
                    well within the scope of one of ordinary                          
                    skill in the art; and are necessary to                            
                    remove the tissue, thus producing a device                        
                    such as claimed.                                                  
                    The Wolbarsht article is concerned with the use of                
          lasers in surgery in general, although surgery inside the eye               
          and plastic surgery are mentioned in the last paragraph on the              
          fourth page.  The article is concerned primarily with the CO2               
          laser.  However, in the last paragraph on the second page,                  
          referred to by the examiner, supra, Wolbarsht states:                       
                    To assist in confining the thermal                                
                    effects to the surface layer, the laser                           
                    wavelength must be matched as closely as                          
                    possible to the absorption peak of the                            
                    material in question.                                             
                    The absorption spectrum of water, as given                        
                    in Figure 1, shows a peak near 2.8 µm,                            
                    although the absorption is certainly                              
                    sufficiently high at 10.6 µm to be adequate                       
                    to make the CO                                                    
                                  2                                                   
                    laser work for tissue cutting.  However,                          
                    for the maximum absorption in the shortest                        
                    tissue                                                            

                    distance, a laser in the range from 2.7 to                        
                    3.1 µm would seem to offer some advantage.                        



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