Ex parte DEFRANK et al. - Page 2




          Appeal No. 1998-2823                                                        
          Application No. 08/458,010                                                  


          indicated that the rejection of claim 18 has been withdrawn                 
          and that claim 18 is now considered to be allowable.                        
          Accordingly,                                                                


          the appeal as to claim 18 is dismissed, leaving claims 8, 9,                
          15, 17, 20 through 22, 26, 27 and 32 through 51 for our                     
          consideration on appeal.1                                                   
               We REVERSE and enter a new rejection pursuant to 37 CFR                
          § 1.196(b).  In addition, we REMAND the application to the                  
          examiner for further consideration.                                         
               The subject matter on appeal is directed to a biomedical               
          apparatus (claims 8, 9, 15, 17, 20 through 22, 32 through 38                
          and 44), to a method of communicating energy from a patient                 
          (claims 26, 27 and 39) and to a probe having replaceable                    
          elements (claims 40 through 43 and 45 through 51).  An                      
          understanding of the invention can be derived from a reading                
          of exemplary claims 8, 26 and 40, copies of which appear in                 





               Claims 17, 20 and 27 were amended subsequent to the final rejection.1                                                                     
          See Paper Nos. 38 and 46.                                                   
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