Ex Parte Garabedian et al - Page 4



             Appeal 2007-0586                                                                                  
             Application 10/387,812                                                                            
                                        FINDINGS OF FACT                                                       

                   Morrison discloses, in Figure 7, an elongated shaft with proximal and                       
             distal ends. A needle electrode 32 is disposed extending from the distal end                      
             of the shaft.  A heat sink 58 is disposed within the distal end of the shaft in                   
             thermal communication with the needle electrode.  A coolant flow conduit,                         
             54, 56, is disposed within the shaft in fluid communication with heat sink                        
             58.  Thus it readily can be seen that Morrison anticipates claims 1, 2, 6, and                    
             7.                                                                                                
                   Turning to Laufer, the Examiner refers us to Figure 7a.  Laufer is a                        
             disclosure for surgical therapy for lung diseases of a type that Laufer                           
             characterizes as Chronic Obstructive Pulmonary Disease.  Laufer’s  goal is                        
             providing holes in lung tissues to alter gaseous flow within the lungs to                         
             improve breathing.  Figure 7 shows a cutting tool with a heat sink member                         
             702.  The heat sink member is in fluid communication with a lumen 704 that                        
             provides fluid such as saline which conduct heat away the surrounding                             
             channel.                                                                                          
                   Gough discloses another surgical tool for the ablation of tissue.                           
             Gough discloses a cooling system whereby cooling inlet 14 carries cooling                         
             toward the tip and cooling exit 16 carries the warmed cooling fluid away                          
             from the ablated tissue.  Gough also discloses probes 24 and 26, which carry                      
             sensor 30 and 28 into the surrounding tissues to provide temperature                              
             readings for points in the tissue.                                                                

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