Ex Parte Rioux et al - Page 1



                                The opinion in support of the decision being entered today                             
                                         is not binding precedent of the Board.                                        
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                    __________                                                         
                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                            AND INTERFERENCES                                                          
                                                    __________                                                         
                           Ex parte ROBERT F. RIOUX, ROBERT GARABEDIAN,                                                
                                         and CHRISTOPHER PEARSON                                                       
                                                    __________                                                         
                                                 Appeal 2007-2813                                                      
                                              Application 10/685,744                                                   
                                             Technology Center 3700                                                    
                                                    __________                                                         
                                           Decided: September 26, 2007                                                 
                                                    __________                                                         
                 Before DEMETRA J. MILLS, ERIC GRIMES, and RICHARD M.                                                  
                 LEBOVITZ, Administrative Patent Judges.                                                               
                 GRIMES, Administrative Patent Judge.                                                                  


                                             DECISION ON APPEAL                                                        
                        This is an appeal under 35 U.S.C. § 134 involving claims to an                                 
                 electrosurgical instrument.  The Examiner has rejected the claims as                                  
                 obvious.  We have jurisdiction under 35 U.S.C. § 6(b).  We affirm.                                    
                                                 BACKGROUND                                                            
                        The Specification states that “[e]lectrosurgical instruments for                               
                 delivering radio frequency (RF) electrical energy into solid tissue are                               
                 known” (Specification 1).  The Specification also states that, “[t]o enhance                          



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