Interference No. 103,197
some length merely to give an example of the experiments that
have been made with a fiber optics remote spectrophotometer"
and "[s]imilar 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" (p. 197, lines 9-13) as specifically suggesting
invasive oximetric analysis of tissue.
For the foregoing reasons, Mannheimer has failed to
demonstrate by a preponderance of the evidence that the
subject matter of claim 28 or any other Buschmann claim as to
which the
§ 1.633(a) motion was denied is anticipated by or obvious in
view of Kapany.
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