Ex Parte SWANSON et al - Page 5




              Appeal No. 2001-1621                                                                  Page 5                
              Application No. 09/111,308                                                                                  


              embodiment of the electrode array loop having spaced electrodes in the form of tubular                      
              segments as shown at 136.                                                                                   


                     In the anticipation rejection before us in this appeal (final rejection, p. 2), the                  
              examiner appears to rely on the embodiment shown in Avitall's Figures 6A-6D as the                          
              basis for this rejection.                                                                                   


                     In our view, claim 50 is not anticipated by Avitall for the following reasons.  First,               
              the embodiment of the electrode array loop shown in Figures 1A-2E of Avitall lacks                          
              electrodes adapted to face each other across an area of tissue with no portions of the                      
              catheter body or other electrodes therebetween as recited in claim 50.  Second, the                         
              embodiment of the electrode array loop shown in Figures 6A-6D of Avitall lacks                              
              sufficient details to determine whether or not any of the pairs of electrodes separated by                  
              an arc of at least about 180 degrees and facing each other across an area of tissue                         
              with no portions of the catheter body or other electrodes therebetween are sized and                        
              spaced 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 as recited in claim                 
              50.  In that regard, the embodiment of the electrode array loop shown in Figures 6A-6D                      









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