Interference No. 103,197
would fall outside the count.
5. Additional alleged problems
with the November 1987 designs
Buschmann questions the sufficiency of the disclosure of
the November 1987 designs (MX 42) in a number of respects,
including the following: 117
If there are 2 fibers, one fiber would have to transmit
both red and infrared light. There is no disclosure of
how to feed both red and infrared light into a single
fiber. There is no discussion of how to modify the
signal analysis software for the signal processor. There
is no discussion of how to make this probe (and in fact
they were never able to make this probe). Further, the
discussion of technique is incorrect - one does not
measure two independent pulse rates.
The criticism that the conception document does not explain
how
to feed both red and infrared light into a single optical
fiber is unconvincing, because it fails to take into account
that the sufficiency the disclosure is to be judged from the
standpoint of a person skilled in both fiber optics and pulse
oximetry.
B.Br. 20, ¶ 37.117
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