Interference No. 103,197
length merely to give an example of the experiments that
have been made with a fiber optics remote
spectrophotometer. Similar applications for use in the
genitourinary tract, general endoscopic examination, and
studies of various types of affected and unaffected
tissues within the body are possible. With the
availability of high-quality fibers that can transmit
light from 3500 D to 4 F and from 1 to 8 F, it has become
possible to study the fluorescence or associated
phenomena of remotely located specimens inside the
human body. [Our emphasis.] [Page 197, 1st full
para.]
Based on the underlined language in this and the other quoted
passages, Mannheimer argues that "Kapany clearly teaches35
using any of the [hypodermic] probes of Fig. 7.16 as well as
the probes of Fig. 7.18 for the examination of living tissue
in general and, in particular, for oximetry," citing the
following testimony of his expert witness, David Swedlow (MANR
76-77, ¶ 6):
6. Clearly the statements referred to above by
Kapany of using "a fiber optics hypodermic probe"
(Page 189 last line) for in vivo spectrophotomet[ry]
(including particularly oximetry) for studying "various
types of affected and unaffected tissues within the body"
(page 197 lines 12-13) establishes a clear connection
between the pages and teaches one of ordinary skill in
the art that for oximetry applications, other than the
specific cardiac oximetry application experiment that had
been discussed, where "tissues within the body" are to be
examined any one of the "hypodermic probes" previously
described in pages 184-188 for examining "living human
Opening Brief at 18-19.35
- 18 -
Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: November 3, 2007