Ex parte RUDKO - Page 6




          Appeal No. 95-4246                                                          
          Application 08/201,052                                                      


          considered to be a part of the barrel 4, 6, 7.  As for the                  
          Figure 11 embodiment, Sharon explains at column 5, lines 28-                
          37, that the tip member 100 may be made from a test tube or a               
          centrifuge tube, with the laser beam being utilized to melt                 
          the bottom of the tube to form the opening 104.  While the                  
          area of the tube immediately adjacent the aperture 104 may be               
          broadly considered a “contacting wall” having a “face,” it not              
          clear that this face “extend[s] . . . radially outward” from                
          the aperture 104, as required by each of the independent                    
          claims.                                                                     
               McFee pertains to a therapeutical device for producing a               
          high frequency electrical discharge for treating tonsils or                 
          other parts to which access is more or less difficult (page 1,              
          lines 9-14).  The device includes an electrode 15 and a                     
          tubular protector 17, preferably made of glass (page 2, line                
          35).  The protector serves to make it easier for the operator               
          to hold the device at a proper distance from the part to be                 
          treated (page 1, lines 36-43).  In one embodiment, illustrated              
          in Figure 2, the protector is provided with an enlarged end in              
          the shape of a substantially radially extending flange (page                
          1, line 100; page 2, line 78).  The purposes of the enlarged                
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