Ex Parte Rioux et al - Page 5

                 Appeal 2007-2813                                                                                      
                 Application 10/685,744                                                                                

                 the teaching of VanTassel et al. as an obvious alternate way of allowing                              
                 fluid to flow through the walls of the needle shaft that is known in the art”                         
                 (id.).                                                                                                
                        We agree with the Examiner that the references support a prima facie                           
                 case of obviousness.  Edwards describes “a tissue ablation apparatus that                             
                 includes a delivery catheter, with distal and proximal ends” (Edwards, col. 3,                        
                 ll. 51-54).  “An electrode deployment apparatus is positioned at least                                
                 partially in the delivery catheter.  It includes a plurality of electrodes that are                   
                 retractable in and out of the catheter’s distal end.”  (Id. at col. 3, ll. 55-58.)                    
                 “The electrodes can be hollow” (id. at col. 4, l. 23).  “Sources of infusing                          
                 mediums, including but not limited to electrolytic and chemotherapeutic                               
                 solutions, can be associated with the hollow electrodes,” which “can have                             
                 sharpened, tapered ends in order to assist their introduction through tissue,                         
                 and advancement to the selected tissue site” (id. at col. 4, ll. 35-39).  As                          
                 depicted in Figure 8, an electrode can “include a plurality of fluid                                  
                 distribution ports 26 . . . [to] permit the introduction and flow of a variety of                     
                 fluidic mediums thorough [the] electrode . . . to the desired tissue site” (id. at                    
                 col. 8, ll. 62-67).                                                                                   
                        VanTassel describes “a surgical needle with a weeping tip for                                  
                 microinjection of medicaments into a body surface” (VanTassel, col. 2,                                
                 ll. 36-37).  The needle comprises “a porous distal portion . . . adapted to                           
                 cause a liquid injectate to weep or ooze therefrom multidirectionally under                           
                 injection pressure while the distal portion and point of the needle are                               
                 inserted into a body surface” (id. at col. 2, ll. 37-46).  VanTassel discloses                        
                 that the “distal portion of the needle can be fabricated from any of a number                         


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