Ex Parte Rioux et al - Page 2

                 Appeal 2007-2813                                                                                      
                 Application 10/685,744                                                                                

                 heating and necrosis, saline may be injected into the target region before                            
                 delivering electrical energy” and that this generally involves delivering                             
                 saline from a syringe through a needle advanced into the tissue, and then                             
                 energizing electrodes from an electrosurgical probe advanced into the target                          
                 region to deliver RF energy (id. at 1-2).                                                             
                        Because of inhomogeneities in the tissue of the target region,                                 
                        however, the saline injected by the syringe may not be perfused                                
                        into the target region in a desired manner.  For example, the                                  
                        saline may be perfused into tissue away from the electrodes, or                                
                        only locally within a portion of the target region.  Thus, the                                 
                        tissue within the target region may not be uniformly heated and                                
                        necrosed as desired, possibl[y] requiring multiple treatments to                               
                        ensure  that  the  target  region is  successfully  necrosed.    In                            
                        addition, where a separate syringe is used to deliver the saline,                              
                        the  syringe  and  probe  require  separate  approaches  into  the                             
                        tissue, complicating access and creating multiple tracks through                               
                        the intervening tissue that may need to be closed and allowed to                               
                        heal.                                                                                          
                 (Id. at 2.)                                                                                           
                        The Specification describes an apparatus “for delivering electrical                            
                 energy to tissue within a patient, the apparatus including a tubular member                           
                 having a proximal end, a distal end sized for insertion into a body of a                              
                 patient and a lumen extending from the distal end towards the proximal end”                           
                 (id. at 3).  “One or more needles are extendable from the lumen beyond the                            
                 distal end of the tubular member, each needle having a distal tip for                                 
                 penetrating tissue.  At least one . . . of the one or more needles has an                             
                 infusion lumen for delivering fluid to an outlet in its distal tip.”  (Id.)  A                        
                 “distal portion of the needle(s) may include a conductive region defining an                          
                 electrode” (id.).                                                                                     


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