Ex parte LAI - Page 6




          Appeal No. 98-2187                                                          
          Application 08/051,033                                                      


          appellant’s independent claims 62, 79 and 90 on appeal.  As                 
          for the examiner’s calculations on page 6 of the answer, which              
          the examiner purports show energy densities in the claimed                  
          range, we note that such calculations have not accounted for                
          the effects of the wavelength variation indicated in column 9,              
          lines 17-21, of Bille and have entirely disregarded the                     
          duration of the pulses that would be necessary to actually                  
          cause ablation of tissue in a focal spot that is 70 microns in              
          diameter (see, for example, Bille, Col. 7, lines 13-17).  In                
          our opinion, a laser pulse applied to a 70 micron diameter                  
          focal spot at an energy density of 0.2599FJ/100Fm² (as                      
          calculated by the examiner) and for a duration of less than 1               
          picosecond would not cause ablation of organic material, but                
          would require a much longer pulse duration to cause ablation,               
          if at all.  Likewise, the examiner has not convinced us that                
          the calculated energy density of 0.2FJ/100Fm² applied for a                 
          duration of less than 1 picosecond would be capable of being                
          useful for tissue ablation, as is required in each of the                   
          claims before us on appeal.                                                 





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