Interference No. 103,197
denied the motion with respect to all of Buschmann's invasive
oximetry claims, which the APJ held explicitly or implicitly
recite invasive pulse or non-pulse oximetry by measuring
radiation transmitted through tissue (i.e., claims 4, 27, 28,
33, 34).27
Although Mannheimer’s opening brief (at 21) requests that
"[t]he question of obviousness of claims, such as Buschmann’s
claim 28, . . . be addressed by the Board in view of the
arguments and evidence presented herein," the only claim that
is specifically discussed in the brief is claim 28.
Consequently, we will limit our consideration of patentability
to that claim, which is directed to the I-I species and reads
as follows:
28. A perinatal sensing system for determining
blood oxygen saturation within a body tissue by
transillumination wherein the light transmission changes
in intensity in response to different levels of oxygen
saturation comprising:
means for generating light at a first interstitial
subcutaneous location within the tissue; and
means at a second interstitial subcutaneous location
within the tissue for detecting the changes in the
intensity of the light transmitted between the first and
second location in order to determine the blood
oxygenation within the tissue.
Dec. on Motions at 15.27
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