Ex Parte BRUMBACH - Page 5



          Appeal No. 2001-1472                                                        
          Application 08/772,878                                                      

          remove the particles of the calculi through a channel in the                
          probe.  In order to overcome a tendency of prior art ultrasonic             
          probes to clog because the end of the probe would become embedded           
          in a calculi/stone and prevent aspiration through the probe,                
          Brumbach provides one or more slits (64) in the end portion of              
          the probe or lithotritor needle (26) that engages the stone,                
          which slits extend a distance of about 1/4 inch from the end face           
          of the probe and permit irrigant fluid to pass through the                  
          slit(s) even if the end opening of the probe/needle is blocked.             
          With regard to appellant’s claim 22, Brumbach does not disclose a           
          power delivery tip having a configuration like that defined in              
          the last two clauses of the claim.                                          

          Manna is directed to an ultrasonic lipectomy probe used for                 
          ultrasonically assisted liposuction procedures wherein fatty                
          deposits from areas of the human body are liquefied by ultrasonic           
          energy and the resultant fatty emulsion is then removed from the            
          body by way of a suction source via channel (26) of the probe.              










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