MORRISON et al. V. MANNHEIMER et al. - Page 16




          Interference No. 103,197                                                      


          which position Buschmann concurs.   Mannheimer contends that31                                          
          this interpretation is incorrect because it views Kapany's                    
          Section 2 ("Hypodermic Probe") and Section 3 ("In Vivo                        
          Spectrophotometry") in isolation rather than in combination                   
          and that Kapany teaches using the hypodermic probes of Section                
          2 for in vivo spectrophotometric examination of tissue,                       
          including oximetric analysis of tissue.   In support of this32                                    
          interpretation, Mannheimer places particular emphasis on the                  
          language we have underlined below in the quotations from                      
          Kapany.        Section 2, which spans pages 185-88 and                        
          discusses techniques for obtaining images of tissue areas,                    
          begins as follows:                                                            
                                 2.  Hypodermic Probe                                   
                    Numerous ingenious approaches have been attempted                   
               for the microscopic examination of living human tissue                   
               under the skin without an incision.  In an ideal                         
               instrument for such applications, the optical system                     
               should be capable of yielding resolution that approaches                 
               the wavelength of light so that the tissues and cells may                
               be observed microscopically.  The system should also be                  
               capable of illuminating and transmitting images in the                   
               ultraviolet, visible, and near-infrared regions of the                   
               spectrum.  A fiber optics hypodermic probe has been                      
               developed which is capable of fulfilling most of these                   

            B.Br. 119.31                                                                       
            Opening Brief at 18-19.32                                                                       
                                        - 13 -                                          





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