Interference No. 103,197
copied by each applicant and the interference was declared
with a single count, Count 1, which was identical to the
copied claims, which was limited to the I-O species. 5
Only Mannheimer and Buschmann filed preliminary motions,
of which we will address only those motions whose decisions we
have been asked to review or which altered the designation of
claims corresponding to the count. Mannheimer’s unopposed
§ 1.633(c)(3) motion to designate Buschmann’s claim 18 as6
Count 1 read as follows5
A perinatal sensing system for determining blood
oxygenation within a body comprising:
means for generating light at an interstitial
subcutaneous location within the body;
means for transmitting the generated light from
the subcutaneous location to an epidermal location
of the body, wherein the transmitted light passing
through the body changes in intensity in response to
different levels of blood oxygenation; and
means for detecting the changes in the intensity
of the light transmitted through to the epidermal
location in order to determine the blood oxygenation
within the body.
The following claims were designated as corresponding
to Count 1:
Morrison claims 1-5, 8-24, 27, and 28.
Mannheimer claims 1-11, 18-21, 86-104, and 106.
Buschmann claims 1-9, 12-14, 19, and 26-38.
Mannheimer Motion 15 (paper No. 31).6
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