US6056746A — Electrosurgical instrument

Claim 1

Independent Claim 236 words

An electrosurgical instrument for the treatment of tissue in the presence of an electrically conductive fluid medium, the instrument comprising an instrument shaft and an electrode assembly at a distal end of the shaft, wherein the electrode assembly comprises: a single active electrode having an exposed tissue treatment portion, a return electrode having an exposed fluid contact surface, and an insulating member positioned between and electrically insulating the active electrode and the return electrode and serving to space apart the exposed treatment portion of the active electrode, and the exposed fluid contact surface of the return electrode, the fluid contact surface of the return electrode being set back in the direction of a treatment axis of the assembly from the active electrode exposed treatment portion, and wherein the dimensions and configuration of the exposed treatment portion, the exposed fluid contact surface and the insulation member are such that when the electrode assembly is immersed in a conductive fluid medium the ratio of (i) the length of the shortest conduction path (P 1 ) through the fluid medium between the exposed fluid contact surface and that part of the exposed treatment portion which is furthest from the exposed fluid contact surface, to (ii) the length of the shortest conduction path (P 2 ) through the fluid medium between the exposed fluid contact surface and the exposed treatment portion, is greater than or equal to 1:25 to 1.

Claim 2

Dependent Claim 236 words

An electrosurgical instrument for the treatment of tissue in the presence of an electrically conductive fluid medium, the instrument comprising an instrument shaft and an electrode assembly at a distal end of the shaft, wherein the electrode assembly comprises: a single active electrode having an exposed tissue treatment portion, a return electrode having an exposed fluid contact surface, and an insulating member positioned between and electrically insulating the active electrode and the return electrode and serving to space apart the exposed treatment portion of the active electrode, and the exposed fluid contact surface of the return electrode, the fluid contact surface of the return electrode being set back in the direction of a treatment axis of the assembly from the active electrode exposed treatment portion, and wherein the dimensions and configuration of the exposed treatment portion, the exposed fluid contact surface and the insulation member are such that when the electrode assembly is immersed in a conductive fluid medium the ratio of (i) the length of the shortest conduction path (P 1 ) through the fluid medium between the exposed fluid contact surface and that part of the exposed treatment portion which is furthest from the exposed fluid contact surface, to (ii) the length of the shortest conduction path (P 2 ) through the fluid medium between the exposed fluid contact surface and the exposed treatment portion, is greater than or equal to 1:25 to 1.

Claim 3

Dependent Claim 93 words

An instrument according to claim 1, wherein the exposed treatment portion of the active electrode projects in a first direction from the insulation member, and the insulating member surrounds the active electrode and, between the active electrode exposed portion and the return electrode fluid contact surface, projects outwardly in a second direction perpendicular to the first direction to define an insulation barrier to divert electrical current flow through the fluid medium thereby to increase said shortest conduction path length (P 2 ) between the exposed fluid contact surface and the exposed treatment portion.

Claim 4

Dependent Claim 35 words

An instrument according to claim 1, wherein the first direction defines a treatment axis and said two shortest conduction paths (P 1 , P 2 ) lie in a common plane containing the treatment axis.

Claim 5

Dependent Claim 37 words

An instrument according to claim 1, wherein the length of said shortest conduction path (P 2 ) through the fluid medium between the exposed fluid contact surface and the exposed treatment portion is at least 1 mm.

Claim 6

Dependent Claim 88 words

An instrument according to claim 1 wherein the exposed fluid contact surface is generally cylindrical and has a length and a diameter, the length of the fluid contact surface being at least as great as its diameter and wherein the ratio of (i) the shortest conduction path (P 1 ) through the fluid medium between the fluid contact surface and that part of the exposed treatment portion which is furthest from the fluid contact surface, to (ii) the fluid contact surface diameter, is at most 4.5 to 1.

Claim 7

Dependent Claim 84 words

An instrument according to claim 1, wherein the ratio of (i) the length of the shortest conduction path (P 1 ) through the fluid medium between the exposed fluid contact surface and that part of the exposed treatment portion which is furthest from the exposed fluid contact surface, to (ii) the length of the shortest conduction path (P 2 ) through the fluid medium between the exposed fluid contact surface and the exposed treatment portion, is greater than or equal to 2 to 1.

Claim 8

Dependent Claim 27 words

An instrument according to claim 1, wherein the return electrode comprises a conductive sleeve located around the insulation member behind the treatment portion of the active electrode.

Claim 9

Dependent Claim 30 words

An instrument according to claim 1, wherein the longitudinal spacing of the active electrode exposed treatment portion and the return electrode exposed fluid contact surface is at least 1 mm.

Claim 10

Dependent Claim 77 words

An instrument according to claim 8, wherein the return electrode has a fluid contact surface encircling the insulation member, and wherein the ratio of (i) the longitudinal distance between the distal end of the active electrode exposed treatment portion and the distal edge of the exposed fluid contact surface of the return electrode to (ii) the circumference of the exposed fluid contact surface in the region of its distal edge is less than or equal to 1:43:1.

Claim 11

Dependent Claim 33 words

An instrument according to claim 1, wherein the instrument shaft comprises a metallic tube as its main structural element, and the return electrode is an integrally formed distal end portion of the tube.

Claim 12

Dependent Claim 104 words

An electrosurgical system comprising an instrument according to claim 1 and further comprising an electrosurgical generator for supplying radio frequency power to the instrument, the generator including an output stage having at least a pair of electrosurgical output connections connectible respectively to the active electrode and the return electrode of the instrument, a sensing circuit for deriving a sensing signal representative of the peak radio frequency output voltage developed between the output connections, and a power adjustment circuit for automatically causing a reduction in delivered output power when the sensing signal is indicative of a predetermined peak radio frequency output voltage having been reached.

Claim 13

Dependent Claim 48 words

A system according to claim 11, wherein the power adjustment circuit is operable to cause at least a 50% reduction in delivered output power when the sensing signal is indicative of said threshold having been reached, said reduction being effected with a period of 100 μs or less.

Claim 14

Dependent Claim 25 words

A system according to claim 11, wherein the power adjustment circuit is operable to effect said reduction in a period of 20 μs or less.

Claim 15

Dependent Claim 61 words

A system according to claim 11, wherein the output stage includes at least one radio frequency power device, and wherein the control circuitry is arranged such that the at least 50% reduction in output power is effected by reducing the period of conduction of the device during individual cycles of radio frequency oscillation independently of the supply voltage to the device.

Claim 16

Dependent Claim 97 words

A system according to claim 14, wherein the sensing circuit and the power adjustment circuits are operable repeatedly to effect a rapid reduction in the cycle by-cycle conduction period of the power device from a peak level to a trough level followed by a less rapid progressive increase in the conduction period until the conduction period again reaches its peak level, the rapid reduction and progressive increase sequence being repeated while simultaneously reducing the supply voltage to said output stage until said peak conduction period level can be reached without the output voltage exceeding said predetermined threshold.

Claim 17

Dependent Claim 112 words

A system according to claim 11, wherein the generator has a first output voltage range suitable for a tissue desiccation mode, and a second output voltage range suitable for a tissue vaporisation mode, the first output voltage range being such that the power supplied to the electrode assembly maintains the conductive fluid adjacent to the tissue treatment electrode substantially at boiling point for tissue coagulation or desiccation without creating a layer of vapour around the tissue treatment electrode, and the second output voltage range is such that the output power supplied to the electrode assembly for vaporisation of tissue is such as to maintain a vapour pocket surrounding the tissue treatment electrode.

Claim 18

Dependent Claim 24 words

A system according to claim 16, further comprising separate controls for actuating the generator to operate in its first and second output voltage ranges.

Claim 19

Dependent Claim 18 words

A system according to claim 17, wherein separate footswitches operatively connected to the generator constitute said separate controls.

Claim 20

Independent Claim 151 words

A method of treating tissue using a bipolar electrode assembly, the assembly including an active electrode and a return electrode, the active electrode having an exposed treatment portion, and the return electrode having an exposed fluid contact surface spaced and set back from the exposed treatment portion, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid so that the conductive fluid defines an electrical path between the active and return electrodes, (c) applying sufficient radio frequency output power to the electrode assembly to increase the temperature of the conductive fluid adjacent to the active electrode treatment portion without creating a layer of vapour around the treatment portion; and (d) locally applying heat by means of the treatment portion to treat tissue while maintaining the return electrode fluid contact surface out of contact with the tissue.

Claim 21

Independent Claim 151 words

A method of treating tissue using a bipolar electrode assembly, the assembly including an active electrode and a return electrode, the active electrode having an exposed treatment portion, and the return electrode having an exposed fluid contact surface spaced and set back from the exposed treatment portion, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid so that the conductive fluid defines an electrical path between the active and return electrodes, (c) applying sufficient radio frequency output power to the electrode assembly to increase the temperature of the conductive fluid adjacent to the active electrode treatment portion without creating a layer of vapour around the treatment portion; and (d) locally applying heat by means of the treatment portion to treat tissue while maintaining the return electrode fluid contact surface out of contact with the tissue.

Claim 22

Dependent Claim 44 words

A method according to claim 19, wherein step (c) is such that the temperature of the conductive fluid adjacent to the active electrode treatment portion lies within the range of from 70° C. to 100° C., whereby the tissue to be treated is coagulated.

Claim 23

Dependent Claim 38 words

A method according to claim 19, wherein step (c) is such that the temperature of the conductive fluid adjacent to the active electrode treatment portion is at least 100° C., whereby the tissue to be treated is desiccated.

Claim 24

Dependent Claim 28 words

A method according to claim 19, wherein step (d) is such that heat is applied to the tissue by heating the conductive fluid adjacent thereto or absorbed thereby.

Claim 25

Independent Claim 300 words

A method of vaporising tissue using a bipolar electrode assembly, the bipolar electrode assembly including an active electrode and a return electrode, the active electrode having an exposed treatment portion, and the return electrode having an exposed fluid contact surface, and an insulating member positioned between and electrically insulating the active electrode and the return electrode and serving to space apart the exposed treatment portion of the active electrode and the exposed fluid surface of the return electrode, the fluid contact surface of the return electrode being set back in the direction of a treatment axis of the assembly from the active electrode exposed treatment portion, the dimensions and configuration of the exposed treatment portion, the exposed fluid contact surface and the insulation member being such that, when the electrode assembly is immersed in a conductive fluid medium, the ratio of (i) the length of the shortest conduction path (P1) through the fluid medium, between the exposed fluid contact surface and that part of the exposed treatment portion which is furthest from the exposed fluid contact surface, to (ii) the length of the shortest conduction path (P2) through the fluid medium between the exposed fluid contact surface and the exposed treatment portion, is greater than or equal to 2:1, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid; (c) applying sufficient radio frequency output power to the electrode assembly to vaporise the conductive fluid adjacent to the active electrode treatment portion to create a vapour pocket surrounding the treatment portion; and (d) positioning the treatment portion of the active electrode adjacent to the tissue with the vapour pocket in contact with the tissue while maintaining the return electrode out of contact with the tissue.

Claim 26

Independent Claim 300 words

A method of vaporising tissue using a bipolar electrode assembly, the bipolar electrode assembly including an active electrode and a return electrode, the active electrode having an exposed treatment portion, and the return electrode having an exposed fluid contact surface, and an insulating member positioned between and electrically insulating the active electrode and the return electrode and serving to space apart the exposed treatment portion of the active electrode and the exposed fluid surface of the return electrode, the fluid contact surface of the return electrode being set back in the direction of a treatment axis of the assembly from the active electrode exposed treatment portion, the dimensions and configuration of the exposed treatment portion, the exposed fluid contact surface and the insulation member being such that, when the electrode assembly is immersed in a conductive fluid medium, the ratio of (i) the length of the shortest conduction path (P1) through the fluid medium, between the exposed fluid contact surface and that part of the exposed treatment portion which is furthest from the exposed fluid contact surface, to (ii) the length of the shortest conduction path (P2) through the fluid medium between the exposed fluid contact surface and the exposed treatment portion, is greater than or equal to 2:1, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid; (c) applying sufficient radio frequency output power to the electrode assembly to vaporise the conductive fluid adjacent to the active electrode treatment portion to create a vapour pocket surrounding the treatment portion; and (d) positioning the treatment portion of the active electrode adjacent to the tissue with the vapour pocket in contact with the tissue while maintaining the return electrode out of contact with the tissue.

Claim 27

Independent Claim 145 words

A method of vaporising and haemostatically treating tissue using a bipolar electrode assembly, the bipolar electrode assembly including an active electrode and a return electrode, the active electrode having an exposed treatment portion, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid; (c) alternating the application of sufficient radio frequency output power to the electrode assembly to (i) vaporise the conductive fluid adjacent to the active electrode treatment portion to create a vapour pocket surrounding the treatment portion, and (ii) to increase the temperature of the conductive fluid adjacent to the active electrode treatment portion without creating a layer of vapour around the treatment-portion; and (d) positioning the treatment portion of the active electrode adjacent to the tissue while maintaining the return electrode out of contact with the tissue.

Claim 28

Independent Claim 145 words

A method of vaporising and haemostatically treating tissue using a bipolar electrode assembly, the bipolar electrode assembly including an active electrode and a return electrode, the active electrode having an exposed treatment portion, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid; (c) alternating the application of sufficient radio frequency output power to the electrode assembly to (i) vaporise the conductive fluid adjacent to the active electrode treatment portion to create a vapour pocket surrounding the treatment portion, and (ii) to increase the temperature of the conductive fluid adjacent to the active electrode treatment portion without creating a layer of vapour around the treatment-portion; and (d) positioning the treatment portion of the active electrode adjacent to the tissue while maintaining the return electrode out of contact with the tissue.

Claim 29

Independent Claim 124 words

A method of haemostatically treating tissue using a bipolar electrode assembly, the bipolar electrode assembly including an active electrode and a return electrode, the active electrode having an exposed treatment portion, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid; (c) applying maximum radio frequency output power to the electrode assembly to heat the conductive fluid adjacent to the active electrode treatment portion without creating a layer of vapour around the treatment portion; and (d) positioning the treatment portion of the active electrode adjacent to the tissue with the heated conductive fluid in contact with the tissue while maintaining the return electrode out of contact with the tissue.

Claim 30

Independent Claim 124 words

A method of haemostatically treating tissue using a bipolar electrode assembly, the bipolar electrode assembly including an active electrode and a return electrode, the active electrode having an exposed treatment portion, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid; (c) applying maximum radio frequency output power to the electrode assembly to heat the conductive fluid adjacent to the active electrode treatment portion without creating a layer of vapour around the treatment portion; and (d) positioning the treatment portion of the active electrode adjacent to the tissue with the heated conductive fluid in contact with the tissue while maintaining the return electrode out of contact with the tissue.

Claim 31

Independent Claim 304 words

A method of treating tissue using a bipolar electrode assembly, the assembly including a single active electrode having an exposed treatment portion, a return electrode having an exposed fluid contact surface, and an insulating member positioned between and electrically insulating the active electrode and the return electrode and serving to space apart the exposed treatment portion of the active electrode and the exposed fluid surface of the return electrode, the fluid contact surface of the return electrode being set back in the direction of a treatment axis of the assembly from the active electrode exposed treatment portion, the dimensions and configuration of the exposed treatment portion, the exposed fluid contact surface and the insulation member being such that, when the electrode assembly is immersed in a conductive fluid medium, the ratio of (i) the length of the shortest conduction path (P1) through the fluid medium between the exposed fluid contact surface and that part of the exposed treatment portion which is furthest from the exposed fluid contact surface, to (ii) the length of the shortest conduction path (P2) through the fluid medium between the exposed fluid contact surface and the exposed treatment portion, is greater than or equal to 2:1, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid so that the conductive fluid defines an electrical path between the active and return electrodes; (c) applying sufficient radio frequency output power to the electrode assembly to increase the temperature of the conductive fluid adjacent to the active electrode treatment portion without creating a layer of vapour around the treatment portion; and (d) locally applying heat by means of the treatment portion to treat tissue while maintaining the return electrode fluid contact surface out of contact with the tissue.

Claim 32

Independent Claim 304 words

A method of treating tissue using a bipolar electrode assembly, the assembly including a single active electrode having an exposed treatment portion, a return electrode having an exposed fluid contact surface, and an insulating member positioned between and electrically insulating the active electrode and the return electrode and serving to space apart the exposed treatment portion of the active electrode and the exposed fluid surface of the return electrode, the fluid contact surface of the return electrode being set back in the direction of a treatment axis of the assembly from the active electrode exposed treatment portion, the dimensions and configuration of the exposed treatment portion, the exposed fluid contact surface and the insulation member being such that, when the electrode assembly is immersed in a conductive fluid medium, the ratio of (i) the length of the shortest conduction path (P1) through the fluid medium between the exposed fluid contact surface and that part of the exposed treatment portion which is furthest from the exposed fluid contact surface, to (ii) the length of the shortest conduction path (P2) through the fluid medium between the exposed fluid contact surface and the exposed treatment portion, is greater than or equal to 2:1, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid so that the conductive fluid defines an electrical path between the active and return electrodes; (c) applying sufficient radio frequency output power to the electrode assembly to increase the temperature of the conductive fluid adjacent to the active electrode treatment portion without creating a layer of vapour around the treatment portion; and (d) locally applying heat by means of the treatment portion to treat tissue while maintaining the return electrode fluid contact surface out of contact with the tissue.

Claim 33

Independent Claim 293 words

A method of vaporising tissue using a bipolar electrode assembly, the bipolar electrode assembly including a single active electrode having an exposed treatment portion, and the return electrode having an exposed fluid contact surface, and an insulating member positioned between and electrically insulating the active electrode and the return electrode and serving to space apart the exposed treatment portion of the active electrode and the exposed fluid surface of the return electrode, the fluid contact surface of the return electrode being set back in the direction of a treatment axis of the assembly from the active electrode exposed treatment portion, the dimensions and configuration of the exposed treatment portion, the exposed fluid contact surface and the insulation member being such that, when the electrode assembly is immersed in a conductive fluid medium, the ratio of (i) the length of the shortest conduction path (P1) through the fluid medium between the exposed fluid contact surface and that part of the exposed treatment portion which is furthest from the exposed fluid contact surface, to (ii) the length of the shortest conduction path (P2) through the fluid medium between the exposed fluid contact surface and the exposed treatment portion, is greater than or equal to 2:1, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid; (c) applying sufficient radio frequency output power to the electrode assembly to vaporise the conductive fluid adjacent to the active electrode treatment portion to create a vapour pocket surrounding the treatment portion; (d) positioning the treatment portion of the active electrode adjacent to the tissue with the vapour pocket in contact with the tissue while maintaining the return electrode out of contact with the tissue.

Claim 34

Independent Claim 293 words

A method of vaporising tissue using a bipolar electrode assembly, the bipolar electrode assembly including a single active electrode having an exposed treatment portion, and the return electrode having an exposed fluid contact surface, and an insulating member positioned between and electrically insulating the active electrode and the return electrode and serving to space apart the exposed treatment portion of the active electrode and the exposed fluid surface of the return electrode, the fluid contact surface of the return electrode being set back in the direction of a treatment axis of the assembly from the active electrode exposed treatment portion, the dimensions and configuration of the exposed treatment portion, the exposed fluid contact surface and the insulation member being such that, when the electrode assembly is immersed in a conductive fluid medium, the ratio of (i) the length of the shortest conduction path (P1) through the fluid medium between the exposed fluid contact surface and that part of the exposed treatment portion which is furthest from the exposed fluid contact surface, to (ii) the length of the shortest conduction path (P2) through the fluid medium between the exposed fluid contact surface and the exposed treatment portion, is greater than or equal to 2:1, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid; (c) applying sufficient radio frequency output power to the electrode assembly to vaporise the conductive fluid adjacent to the active electrode treatment portion to create a vapour pocket surrounding the treatment portion; (d) positioning the treatment portion of the active electrode adjacent to the tissue with the vapour pocket in contact with the tissue while maintaining the return electrode out of contact with the tissue.

Claim 35

Independent Claim 317 words

A method of vaporising and haemostatically treating tissue using a bipolar electrode assembly, the bipolar electrode assembly including a single active electrode having an exposed treatment portion, a return electrode having an exposed fluid contact surface, and an insulating member positioned between and electrically insulating the active electrode and the return electrode and serving to space apart the exposed treatment portion of the active electrode and the exposed fluid surface of the return electrode, the fluid contact surface of the return electrode being set back in the direction of a treatment axis of the assembly from the active electrode exposed treatment portion, the dimensions and configuration of the exposed treatment portion, the exposed fluid contact surface and the insulation member being such that, when the electrode assembly is immersed in a conductive fluid medium, the ratio of (i) the length of the shortest conduction path (P1) through the fluid medium between the exposed fluid contact surface and that part of the exposed treatment portion which is furthest from the exposed fluid contact surface, to (ii) the length of the shortest conduction path (P2) through the fluid medium between the exposed fluid contact surface and the exposed treatment portion, is greater than or equal to 2:1, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid; (c) alternating the application of sufficient radio frequency output power to the electrode assembly to (i) vaporise the conductive fluid adjacent to the active electrode treatment portion to create a vapour pocket surrounding the treatment portion, and (ii) increase the temperature of the conductive fluid adjacent to the active electrode treatment portion without creating a layer of vapour around the treatment portion; and (d) positioning the treatment portion of the active electrode adjacent to the tissue while maintaining the return electrode out of contact with the tissue.

Claim 36

Independent Claim 317 words

A method of vaporising and haemostatically treating tissue using a bipolar electrode assembly, the bipolar electrode assembly including a single active electrode having an exposed treatment portion, a return electrode having an exposed fluid contact surface, and an insulating member positioned between and electrically insulating the active electrode and the return electrode and serving to space apart the exposed treatment portion of the active electrode and the exposed fluid surface of the return electrode, the fluid contact surface of the return electrode being set back in the direction of a treatment axis of the assembly from the active electrode exposed treatment portion, the dimensions and configuration of the exposed treatment portion, the exposed fluid contact surface and the insulation member being such that, when the electrode assembly is immersed in a conductive fluid medium, the ratio of (i) the length of the shortest conduction path (P1) through the fluid medium between the exposed fluid contact surface and that part of the exposed treatment portion which is furthest from the exposed fluid contact surface, to (ii) the length of the shortest conduction path (P2) through the fluid medium between the exposed fluid contact surface and the exposed treatment portion, is greater than or equal to 2:1, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid; (c) alternating the application of sufficient radio frequency output power to the electrode assembly to (i) vaporise the conductive fluid adjacent to the active electrode treatment portion to create a vapour pocket surrounding the treatment portion, and (ii) increase the temperature of the conductive fluid adjacent to the active electrode treatment portion without creating a layer of vapour around the treatment portion; and (d) positioning the treatment portion of the active electrode adjacent to the tissue while maintaining the return electrode out of contact with the tissue.

Claim 37

Independent Claim 297 words

A method of haemostatically treating tissue using a bipolar electrode assembly, the bipolar electrode assembly including a single active electrode having an exposed tissue treatment portion, a return electrode having an exposed fluid contact surface, and an insulating member positioned between and electrically insulating the active electrode and the return electrode and serving to space apart the exposed treatment portion of the active electrode and the exposed fluid surface of the return electrode, the fluid contact surface of the return electrode being set back in the direction of a treatment axis of the assembly from the active electrode exposed treatment portion, the dimensions and configuration of the exposed treatment portion, the exposed fluid contact surface and the insulation member being such that, when the electrode assembly is immersed in a conductive fluid medium, the ratio of (i) the length of the shortest conduction path (P1) through the fluid medium, between the exposed fluid contact surface and that part of the exposed treatment portion which is furthest from the exposed fluid contact surface, to (ii) the length of the shortest conduction path (P2) through the fluid medium between the exposed fluid contact surface and the exposed treatment portion, is greater than or equal to 2:1, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid; (c) applying maximum radio frequency output power to the electrode assembly to heat the conductive fluid adjacent to the active electrode treatment portion without creating a layer of vapour around the treatment portion; and (d) positioning the treatment portion of the active electrode adjacent to the tissue with the heated conductive fluid in contact with the tissue while maintaining the return electrode out of contact with the tissue.

Claim 38

Independent Claim 297 words

A method of haemostatically treating tissue using a bipolar electrode assembly, the bipolar electrode assembly including a single active electrode having an exposed tissue treatment portion, a return electrode having an exposed fluid contact surface, and an insulating member positioned between and electrically insulating the active electrode and the return electrode and serving to space apart the exposed treatment portion of the active electrode and the exposed fluid surface of the return electrode, the fluid contact surface of the return electrode being set back in the direction of a treatment axis of the assembly from the active electrode exposed treatment portion, the dimensions and configuration of the exposed treatment portion, the exposed fluid contact surface and the insulation member being such that, when the electrode assembly is immersed in a conductive fluid medium, the ratio of (i) the length of the shortest conduction path (P1) through the fluid medium, between the exposed fluid contact surface and that part of the exposed treatment portion which is furthest from the exposed fluid contact surface, to (ii) the length of the shortest conduction path (P2) through the fluid medium between the exposed fluid contact surface and the exposed treatment portion, is greater than or equal to 2:1, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid; (c) applying maximum radio frequency output power to the electrode assembly to heat the conductive fluid adjacent to the active electrode treatment portion without creating a layer of vapour around the treatment portion; and (d) positioning the treatment portion of the active electrode adjacent to the tissue with the heated conductive fluid in contact with the tissue while maintaining the return electrode out of contact with the tissue.

Claim 39

Independent Claim 294 words

A method of vaporising and haemostatically treating tissue using a bipolar electrode assembly, the bipolar electrode assembly including a single active electrode having an exposed tissue treatment portion, a return electrode having an exposed fluid contact surface, and an insulating member positioned between and electrically insulating the active electrode and the return electrode and serving to space apart the exposed treatment portion of the active electrode and the exposed fluid surface of the return electrode, the fluid contact surface of the return electrode being set back in the direction of a treatment axis of the assembly from the active electrode exposed treatment portion, the dimensions and configuration of the exposed treatment portion, the exposed fluid contact surface and the insulation member being such that, when the electrode assembly is immersed in a conductive fluid medium, the ratio of (i) the length of the shortest conduction path (P 1 ) through the fluid medium between the exposed fluid contact surface and that part of the exposed treatment portion which is furthest from the exposed fluid contact surface, to (ii) the length of the shortest conduction path (P 2 ) through the fluid medium between the exposed fluid contact surface and the exposed treatment portion, is greater than or equal to 2:1, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid; (c) applying sufficient radio frequency output power to the electrode assembly to vaporise the conductive fluid adjacent to the active electrode treatment portion to create a vapour pocket surrounding the treatment portion; and (d) at least partially burying the treatment portion of the active electrode in the tissue while maintaining the return electrode out of contact with the tissue.

Claim 40

Independent Claim 294 words

A method of vaporising and haemostatically treating tissue using a bipolar electrode assembly, the bipolar electrode assembly including a single active electrode having an exposed tissue treatment portion, a return electrode having an exposed fluid contact surface, and an insulating member positioned between and electrically insulating the active electrode and the return electrode and serving to space apart the exposed treatment portion of the active electrode and the exposed fluid surface of the return electrode, the fluid contact surface of the return electrode being set back in the direction of a treatment axis of the assembly from the active electrode exposed treatment portion, the dimensions and configuration of the exposed treatment portion, the exposed fluid contact surface and the insulation member being such that, when the electrode assembly is immersed in a conductive fluid medium, the ratio of (i) the length of the shortest conduction path (P 1 ) through the fluid medium between the exposed fluid contact surface and that part of the exposed treatment portion which is furthest from the exposed fluid contact surface, to (ii) the length of the shortest conduction path (P 2 ) through the fluid medium between the exposed fluid contact surface and the exposed treatment portion, is greater than or equal to 2:1, the method comprising the steps of: (a) introducing the electrode assembly into a selected operation site; (b) surrounding the electrode assembly with a conductive fluid; (c) applying sufficient radio frequency output power to the electrode assembly to vaporise the conductive fluid adjacent to the active electrode treatment portion to create a vapour pocket surrounding the treatment portion; and (d) at least partially burying the treatment portion of the active electrode in the tissue while maintaining the return electrode out of contact with the tissue.

Claim 41

Dependent Claim 222 words

An electrosurgical system for the treatment of tissue, including: an electrosurgical generator which produces a radio frequency oscillating electrical output across a pair of output connections; an electrosurgical instrument having an active, tissue treatment electrode connected to one of the generator output connections, and a return electrode connected to another of the generator output connections, the return electrode being electrically insulated from the active electrode, and providing a path for the oscillating output from the generator to flow to and from the active electrode when a conduction path between the electrodes is completed by an electrically conducting fluid, wherein, when the electrodes are immersed in an electrically conducting fluid, the ratio of (a) the length of the shortest conduction path through the fluid between the return electrode and a part of the active electrode most distal from the return electrode, to (b) the length of the shortest conduction path through the fluid between the return electrode and a part of the active electrode most proximal to the return electrode is greater than 1.25:1; the generator controlling the power of the radio frequency oscillating output so that, in use, power can be dissipated into the electrically conducting fluid by current passing between the electrodes through the electrically conducting fluid, without creating a vapour pocket around at least a part of the active electrode.

Claim 42

Dependent Claim 222 words

An electrosurgical system for the treatment of tissue, including: an electrosurgical generator which produces a radio frequency oscillating electrical output across a pair of output connections; an electrosurgical instrument having an active, tissue treatment electrode connected to one of the generator output connections, and a return electrode connected to another of the generator output connections, the return electrode being electrically insulated from the active electrode, and providing a path for the oscillating output from the generator to flow to and from the active electrode when a conduction path between the electrodes is completed by an electrically conducting fluid, wherein, when the electrodes are immersed in an electrically conducting fluid, the ratio of (a) the length of the shortest conduction path through the fluid between the return electrode and a part of the active electrode most distal from the return electrode, to (b) the length of the shortest conduction path through the fluid between the return electrode and a part of the active electrode most proximal to the return electrode is greater than 1.25:1; the generator controlling the power of the radio frequency oscillating output so that, in use, power can be dissipated into the electrically conducting fluid by current passing between the electrodes through the electrically conducting fluid, without creating a vapour pocket around at least a part of the active electrode.

Claim 43

Dependent Claim 82 words

An electrosurgical system according to claim 31 wherein, when the electrodes are immersed in an electrically conducting fluid, the ratio of (a) the length of the shortest conduction path through the fluid between the return electrode and a part of the active electrode most distal from the return electrode, to (b) the length of the shortest conduction path through the fluid between the return electrode and a part of the active electrode most proximal to the return electrode is greater than 2:1.

Claim 44

Dependent Claim 118 words

An electrosurgical system according to claim 31 wherein the generator is additionally selectively operable to adjust the output power of the radio frequency output signal to cause the creation of a vapour pocket around at least a part of the active electrode, and wherein, when the electrodes are immersed in an electrically conducting fluid, the ratio of (a) the length of the shortest conduction path through the fluid between the return electrode and a part of the active electrode most distal from the return electrode, to (b) the length of the shortest conduction path through the fluid between the return electrode and a part of the active electrode most proximal to the return electrode is greater than 2:1.

Annuity Stage	Window Opens	Payment Deadline	Surcharge Period Until	Estimated Fee	Status
3.5 Years (Year 4)	2003-05-02	2003-11-01	2004-05-02	$2000.00	Window Closed / Lapsed
7.5 Years (Year 8)	2007-05-02	2007-11-01	2008-05-02	$3760.00	Window Closed / Lapsed
11.5 Years (Year 12)	2011-05-02	2011-11-01	2012-05-02	$7700.00	Window Closed / Lapsed

Electrosurgical instrument

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