Interference No. 103,197
explained are additional optical fibers for delivering light
to and from the pH-sensitive dye chamber. It is readily66
apparent from a comparison of the descriptions of the 1st and
2nd generation probes that the 2nd Generation probe
necessarily includes a second hypodermic needle (not shown)
which contains a second oximeter fiber, as Dr. Morrison
testified.67
For reasons which will become apparent, it should be
noted that each of the foregoing probe designs (hereinafter
the November 1987 designs) employs a single probe tip
supporting two hypodermic corkscrews supported in a fixed
relationship and that these corkscrews contain the distal ends
of optical fibers which are long enough to transmit light to
and from LEDs and a detector contained in a separate housing.
We turn now to the question of whether the November 1987
designs demonstrate conception, which is the "formation in the
mind of the inventor, of a definite and permanent idea of the
complete and operative invention, as it is hereafter to be
applied in practice." Burroughs Welcome Co. v. Barr Labs.,
T. Johnson, MR 510:17-24.66
J. Morrison, MR 81:6-7.67
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