Interference No. 103,197
does not specifically suggest that this analysis can take the
form of an oximetric analysis, as opposed to other types of
spectrophotometric analysis, such as "fluorescence or
associated phenomena of remotely located specimens in the
human body" (p. 197, lines 14-15). The only specific
reference in Kapany to measuring oxygen saturation of the
blood in tissue is the brief discussion (p. 197, lines 5-8) of
the non-invasive ear lobe oximeter attachment shown in Figure
26(b). Kapany does not suggest why it would be desirable to
use an invasive technique to obtain the oxygen saturation
level of blood in a patient's tissue when the same
information can be obtained non-invasively, using the ear lobe
attachment shown in Figure 7.26(b) (p. 198). That is, Kapany
does not suggest the desirability of measuring the oxygen
saturation level of blood in a tissue specimen that cannot he
reached using a non-invasive technique. Nor does Kapany
otherwise imply that the term "affected . . . tissues" (p.
197, lines 12-13) may refer tissues including blood having low
oxygen saturation. For the foregoing reasons, we believe one
skilled in the art would not have construed Kapany's
statements that "[t]he in vivo oximeter has been discussed at
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