MORRISON et al. V. MANNHEIMER et al. - Page 19




          Interference No. 103,197                                                      


               that conducts it to the distal end.  The return signal is                
               passed                                                                   
               through appropriate filters (640- and 805-mF wavelength)                 
          and       is incident on a photodetector.                                     
          The bottom of page 190 includes two equations showing how                     
          oxygen saturation can be obtained from the returned signal.                   
               Figure 7.18 (p. 191) shows three different distal ends                   
          for a fiber optics oximetry catheter.  Of the three optical                   
          configurations shown in Figure 7.18 (p. 191), the most                        
          relevant to claim 28, because it recites an I-I device, is the                
          "transmission type" configuration shown in Figure 7.18(c),                    
          which measures radiation transmitted through the volume of                    
          cardiac or vascular blood in the region of the notch near the                 
          distal end.   Though Kapany does not state how these fiber33                                                                 
          optics oximetry catheters are introduced into the body to                     
          reach the target cardiac chamber or vessel, it is apparent                    
          that they are to be inserted through a sheath or hollow                       
          catheter that extends into                                                    



            We assume that Mannheimer’s failure to argue that this33                                                                       
          device anticipates Buschmann claim 28 is due to his agreement                 
          with the Buschmann and the APJ that the term "tissue" as used                 
          in that claim excludes oximetric analysis of blood by a device                
          located in a cardiac chamber, artery, or vein.                                
                                        - 16 -                                          





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