Ex Parte Aliberto et al - Page 5




              Appeal No. 2003-1655                                                                  Page 5                
              Application No. 09/800,706                                                                                  


                     Burton's invention is directed to an apparatus and method for treatment of                           
              conditions in which it is desired to simultaneously hyperthermally treat diseased target                    
              tissue in a patient and dilate a lumen of a patient which is compressed and/or                              
              obstructed by the diseased target tissue and/or surrounding tissue.  The apparatus                          
              generally includes a catheter for insertion into a lumen of the patient, such as in the                     
              prostatic urethra; an antenna for applying microwave or radio frequency energy to the                       
              selected target tissue to produce hyperthermal effects therein, thereby causing                             
              therapeutic alteration of the selected target tissue cells; a dilation balloon for                          
              simultaneously dilating the lumen of the patient and for compressing tissue to restrict                     
              blood flow to said tissue, thereby reducing the heat sink effect of blood-supplied tissue                   
              absorbing heat energy applied thereto, enabling both greater uniformity of heating in                       
              selected target diseased tissue and a reduction in the amount of power required to                          
              supply an effective level of energy to the selected target diseased tissue; and a fixation                  
              balloon for securing the apparatus during treatment.  The apparatus and method are                          
              particularly adapted to the treatment of diseases of the prostate, such as benign                           
              prostatic hypertrophy, prostatitis and prostatic cancer, as well as in the treatment of                     
              certain tumors of the esophagus and the gastro-intestinal tract.                                            


                     Afzal's invention relates to catheters used to return oxygenated blood from a                        
              cardiopulmonary bypass machine to a patient during cardiac surgery.  More                                   








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