Interference No. 103,197
transilluminate tissue between the sensor areas, and
monitoring the transillumination by means of said
radiation sensor area.
To establish a reduction to practice of a method count,
it is first necessary to show that each step of the method was
performed. Szekely v. Metcalf, 455 F.2d 1393, 1396, 173 USPQ
116, 119 (CCPA 1972).
Morrison and Yue's evidence of an actual reduction to
practice consists of testimony about tests conducted by Dr.
Morrison, and witnessed by his wife, Helen, an anesthetist. 68
These tests (hereinafter, the February 1988 tests) occurred on
or about February 8, 1988, using the apparatus shown in the
two photographs identified as MX 105. Helen Morrison’s69
testimony corroborates Dr. Morrison’s testimony that the test
apparatus used in these tests was made from a pair of 125
micron plastic optical fibers approximately one and one-half
feet long, a pair of straight hypodermic needles, a Nellcor
disposable tape-on finger probe (including read and infrared
LEDs and a detector), and a Nonin pulse oximeter with a clip-
H. Morrison, MR 947:15.68
J. Morrison, MR 84-86, ¶¶ 24-25; H. Morrison, MR 148-69
50, ¶¶ 13-15.
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