Interference No. 103,197
Count 5, which reads as follows and is currently the sole
count in the interference: 17
A method of monitoring the condition of living
tissue with a monitoring device comprising a radiation
emitter sensor area and a radiation sensor [sic, sensor
sensor] area, said method comprising invasively sticking
at least one sensor area into said tissue, emitting
radiation from said radiation emitt[er] sensor area to
transilluminate tissue between the sensor areas, and
monitoring the transillumination by means of said
radiation sensor [sensor] area.
Mannheimer also moved under § 1.633(c)(2) to add new18
claims 107 and 108 to be designated as corresponding to
proposed counts MAN-1 and MAN-2, respectively, neither of
which the APJ agreed to adopt. Nevertheless, the APJ granted
the § 1.633(c)(2) motions, presumably on the ground the
proposed claims are directed to species within generic Count
5. The APJ also granted Buschmann’s proposed amendment of
claim 1 and addition of new claims 39 and 40, which he treated
as a § 1.633(i)/1.633(c) motion. The redeclaration notice19
designated the following claims as corresponding to Count 5:
Id. at 17-18.17
Mannheimer Motions 7 and 10 (paper Nos. 23 and 26).18
Dec. on Motions at 19-22.19
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