Interference No. 103,197
Buschmann has not satisfactorily explained why such an artisan
would have required undue experimentation to couple a single
optical fiber to two LEDs.
Insofar as software design is concerned, Buschmann has
not satisfactorily explained why the November 1987 designs,
which were intended to be issued with a conventional oximeter,
would require any modification of the software used by the
oximeter, let alone why such modification would require undue
experimentation.
As for the absence of any discussion in MX 42 of how to
make probes disclosed therein, the question of whether the
designs depicted could have been made operable by one skilled
in the art was addressed, supra.
Regarding the "two different pulse rates" mentioned in
the exhibit, it is not clear to us from the record what this
phrase means. However, even assuming for the sake of argument
that pulse oximetry does not employ two different pulse rates,
Buschmann has not explained why the artisan would have failed
to recognize this error or would have been so misled by this
error as to have required undue experimentation to make the
probes in question.
- 73 -
Page: Previous 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Next
Last modified: November 3, 2007