Appeal 2007-0565
Application 10/374,097
1
2 The Examiner applied Garito to show the application of two frequencies in
3 electrosurgery for cutting and cauterization, Ryan for the selection of the 400MHz-
4 2.5GHz range for electrosurgery, and Rigby for simultaneous application of
5 multiple frequencies in electrosurgery. The Examiner also relied on Brayshaw,
6 Rosen and Appellants’ admissions for dependent claims.
7
8 ISSUES
9 The issue pertinent to this appeal is
10 • Whether the art shows delivering r.f. power to the electrodes in the lower
11 and upper frequency ranges simultaneously.
12 In particular, the Appellants contend that, as to the electrosurgery instruments
13 in the applied prior art, Garito only selects one frequency (Br. 10); Ryan describes
14 only a single frequency (Br. 11); Rigby has a multiposition switch that is disclosed
15 as a two position switch such that only one frequency may be selected at a time
16 and has no position in which two frequencies are selected simultaneously (Br. 11-
17 13; Reply Br. 2-5); and that the Appellants’ disclosure provides no admission as to
18 supplying two frequencies simultaneously (Br. 13).
4
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