Ex Parte SWANSON et al - Page 4




              Appeal No. 2001-1621                                                                  Page 4                
              Application No. 09/111,308                                                                                  


                     Claim 50, the only independent claim on appeal, reads as follows:                                    
                            A device for creating a lesion in body tissue, comprising:                                    
                            a catheter body including a curved region defining an arc of at least about                   
                     180 degrees; and                                                                                     
                            at least two spaced electrodes on the curved region of the catheter body                      
                     separated by an arc of at least about 180 degrees and adapted to face each                           
                     other across an area of tissue with no portions of the catheter body or other                        
                     electrodes therebetween;                                                                             
                            wherein the respective sizes and spacing of the at least two electrodes,                      
                     and the size and curvature of the curved region, is such that a substantially                        
                     continuous lesion will be formed across the area of tissue between the                               
                     electrodes in response to simultaneous transmission of energy from each of the                       
                     electrodes into the tissue area to an indifferent electrode.                                         


                     Avitall's invention is directed to the use of a deflectable, preferably size and                     
              shape adjustable, electrode array loop catheter which allows the operator to rapidly                        
              map heart chambers and including the tricuspid annulus and ablate the desired tissue                        
              using the same mapping electrode in the array that is positioned on or near the site that                   
              should be ablated.  Figures 1A-2E show one embodiment of the electrode array loop                           
              having a series of spaced tubular noble metal electrodes shown in part at 36 on either                      
              half of the elliptical loop.  Avitall teaches (column 5, lines 16-17) that the electrodes 36                
              are preferably made of platinum tubing 2 mm thick and 4 mm long.  Avitall further                           
              teaches  (column 3, lines 56-59; claims 12 and 20) that "[i]n one arrangement, each                         
              electrode back side is shaved or flattened to permit the majority of the exposed surface                    
              to be in contact with the tissue and not with the blood."  Figures 6A-6D show a second                      








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