MORRISON et al. V. MANNHEIMER et al. - Page 22




          Interference No. 103,197                                                      


               tissue[]" (Page 185, Section 2, first sentence; and Page                 
               197, line 13) would be appropriate.  Accordingly, in my                  
               opinion, Kapany clearly teaches using any of the probes                  
               of figure 7.16 as well as the probes of figure 7.18 for                  
               examination of living tissue in general and in particular                
               for oximetry.                                                            
          We agree, up to a point.  As noted earlier, the first                         
          paragraph of Section 3 ("In Vivo Spectrophotometry") states                   
          that "[w]hen the specimen is located subcutaneously, then it                  
          is possible to use a fiber optics hypodermic probe in which a                 
          rigid fiber bundle is used to illuminate the specimen as well                 
          as to return the signal to the detector for                                   
          [spectrophotometric] processing" (sentence bridging pp. 189-                  
          90).  We agree that it would have been obvious to employ any                  
          of the hypodermic probe configurations of Figure 7.16 for this                
          purpose, even though they are described only in connection                    
          obtaining images for microscopic viewing.  Thus, it would have                
          been obvious to use the hypodermic probe apparatus of Figure                  
          7.16(b) or 7.16(c) to perform an invasive spectrophotometric                  
          analysis of the tissue between the probe tips by comparing the                
          light that is emitted by one probe with the light that is                     
          transmitted through the tissue and received by the other.                     
          However, while Kapany broadly suggests invasive                               
          transilluminative spectrophotometric analysis of tissue, he                   
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