Interference No. 103,197
URYNOWICZ, MARTIN, and LEE, Administrative Patent Judges.
MARTIN, Administrative Patent Judge.
The subject matter in this interference relates to
measuring the oxygen saturation level in tissue, such as fetal
scalp tissue, by invasively inserting a radiation emitter or a
radiation sensor
or both into the tissue and measuring radiation transmission
through the tissue. Three species of devices are disclosed by
the parties: (1) a species having both the emitter and the
sensor issue inside the tissue being examined, i.e., an
emitter-in/sensor-in species, hereinafter referred to as the
I-I species; (2) an emitter-in/sensor-out species (I-O
species); and (3) an emitter-out/sensor-in species (O-I
species).
A. Background
Prior to declaration of the interference, the examiner
suggested identical claims for copying by each applicant for
purposes of an interference. The suggested claims were4
The copied claims are Morrison's claim 27,4
Mannheimer's claim 38, and Buschmann's claim 106.
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