Ex Parte Garabedian et al - Page 2



             Appeal 2007-0586                                                                                  
             Application 10/387,812                                                                            
                   Appellants claim a surgical tool for ablating tissue.  The tool has a                       
             heat sink in thermal communication with the ablation needles.  The heat sink                      
             is provided with cooling flow from a fluid coolant system.                                        
                   Claim 1, reproduced below, is further illustrative of the claim subject                     
             matter                                                                                            
                   1. A medical probe assembly for ablating tissue, comprising:                                
                   an elongated shaft having a proximal end and a distal end;                                  
                   one or more needle electrodes extending from the distal end of the                          
                   shaft;                                                                                      
                   a heat sink disposed within the distal end of the shaft in thermal                          
                   communication with the one or more needle electrodes; and                                   
                   a coolant flow conduit disposed within the shaft in fluid                                   
                   communication with the heat sink.                                                           
                   The references relied upon by the Examiner as evidence of                                   
             obviousness are:                                                                                  
             Morrison, Jr.             US 4,074,718                Feb. 21, 1978                               
             Lorentzen                 US 5,951,546                Sep. 14, 1999                               
             Gough                     US 6,500,175 B1             Dec. 31, 2002                               
             Levine                    US 2003/0114847 A1          Jun.  19, 2003                              
             Laufer                    US 6,629,951 B2             Oct.   7, 2003                              

                   Claims 1-3, 6, and 7 stand rejected under 35 U.S.C. § 103 as                                
             unpatentable over Morrison in view of Laufer.                                                     

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