Appeal 2007-0565
Application 10/374,097
1
2 FACTS PERTINENT TO THE ISSUES
3 The following findings of fact pertinent to the above issues are supported by a
4 preponderance of the evidence:
5 Rigby describes prior art electrosurgery devices simultaneously cutting and
6 cauterizing (col. 1, ll. 25-39).
7 Rigby describes applying a high or low frequency signal to an electrosurgical
8 instrument
9 An [sic, A] multi-position electric switch directs either a low or a high
10 frequency voltage to an electro-surgical cutting tip in order to cut and
11 cauterized [sic, cauterize] the tissue in contact therewith. (emphasis
12 added).
13 (col. 3, ll. 65-68).
14 Electro-cautery cable 14, which connects through the two wires
15 shown in FIGS. 3-5 to a source of high and low frequency voltage not
16 shown, electrically communicates with the electro-surgical tip 26
17 through a dual function electric switch 22 positioned on a side of the
18 pistol grip 42 and, by way of example, having a first switch position to
19 enable a high frequency voltage to the electro-surgical tip 26 and a
20 second switch position to enable a low frequency voltage source to the
21 tip. (emphasis added).
22 (col. 5, ll. 40-49).
23 Rigby describes selecting one frequency to cut and the other frequency to
24 cauterize (claims 3, 12, 15, 25, 36 and 38).
25 Rigby’s Figs. 5, 7 & 8 show the operation of Rigby’s multiposition switch as
26 two pushbutton switches with a rocker arm over the two switches.
5
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Last modified: September 9, 2013