Ex parte HALLOCK et al. - Page 9




          Appeal No. 1999-2540                                                        
          Application 08/770,411                                                      


          examiner’s conjecture that the temperature of the electrode                 
          might rise above a desired value upon termination of the radio              
          frequency energy.  This deficiency finds no cure in Neilson.                


                                                                                     
               Neilson discloses “a urethral catheter for thermal                     
          treatment of BPH [benign prostatic hyperplasia] which is                    
          capable of selectively directing microwave energy toward                    
          tumorous prostatic tissue growth anterior and lateral to the                
          urethra, while sparing the urethra and healthy tissue                       
          posterior to the urethra from thermal damage” (column 3, lines              
          5 through 11).  The catheter includes a flexible shaft having               
          a lumen for a microwave antenna and intake and exhaust lumens               
          for a cooling fluid.  Neilson teaches that “[a]t the                        
          conclusion of microwave thermal therapy treatment period,                   
          cooled water from the cooling system is continuously pumped                 
          through the intake and exhaust lumens for about 10 to about                 
          120 minutes to reduce edema of the treated tissues, thereby                 
          eliminating the need to insert a post-thermal therapy drain                 
          catheter” (column 3, lines 63 through 68).  The therapy                     
          procedure is discussed in detail at column 8, line 14                       
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