Appeal No. 2001-0550
Application No. 09/030,792
heating a thermally conductive fluid disposed within the organ”
(column 1, lines 8-14). In Masterson, a thermally conductive
fluid and a heating apparatus are introduced into the hollow body
organ, and the heating apparatus is then activated to heat the
fluid within the hollow body organ. A further explanation of the
heating apparatus and how it works is found at column 7, lines
31-52. The fluid is heated to a temperature in the range from
about 60°C to 100°C (140°F to 212°F) to necrose or destroy the
lining of the organ (column 6, lines 3-6; column 6, line 66 to
column 7, line 1). Masterson’s device includes an impeller 50
within the hollow body organ for circulating the fluid to provide
a more uniform temperature distribution. The impeller
additionally functions to cut up clots or tissue particles which
may be in the fluid and which can affect the temperature
distribution (column 7, lines 62-67; column 10, lines 3-6).
Method claim 1 includes the step of presenting heated fluid
to target tissue “so that said target tissue is liquefied,” and
the step of “aspirating said melted target tissue.” Concerning
liquefying target tissue, the examiner contends that
the provision that the target tissue be liquefied in
the claim would seem to be carried out during the
disclosed Masterson et al[.] process. Since the
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