Interference No. 103,197
of the modulations in the intensity of the transmitted light
caused by the pulsations of arterial blood in the tissue. We29
agree with Mannheimer that this interpretation of the phrase
"changes in intensity of the light" ignores the preamble,
which explains that "the light transmission changes in
intensity in response to different levels of oxygen
saturation." This language makes it clear that "detecting the
changes in the intensity of the light" refers to detecting
changes caused by variations in the oxygen level, not changes
caused by arterial pulsations. Since, as Mannheimer correctly
observes, changes in light transmission due to variations in
oxygen saturation level can be measured using either pulse
oximetry or non-pulse oximetry, the claim is not limited to
pulse oximetry.
Turning now to Kapany, the APJ denied the motion with
respect to claim 28 because he was not persuaded that Kapany
discloses or suggests invasive oximetry (pulse or otherwise)
by measuring the transmission of radiation through tissue, in30
B.Br. 110.29
Dec. on Motions at 13-15.30
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