Appeal No. 95-4246
Application 08/201,052
end include “[holding] the parts adjacent the part to be
treated . . . away from the discharge by the protector” when
the body part to be treated is located in a relatively
confined space, “bear[ing] on the part to be treated,” and
“facilitat[ing] the holding of the electrode approximately
perpendicular to the part to be treated” (page 1, lines 89-
104).
From our perspective, it would have been obvious to one
of ordinary skill in the art to provide the Figure 11 tip
member of Sharon’s laser scalpel with a radially extending
flange in light of the combined teachings of the applied
references. Suggestion for this modification is found in
McFee’s express teaching that this type of construction
facilitates proper positioning of an energy beam relative to
the body part to be treated when the instrument bears on the
body part, and holds body parts adjacent the part to be
treated away from the energy discharge when the body part to
be treated is located in a relatively confined space, which
teachings one of ordinary skill in the art would recognize as
being applicable to Sharon’s laser scalpel to bring about
these same benefits. Independent claims 18, 31, 34 and 35
-7-
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