MORRISON et al. V. MANNHEIMER et al. - Page 49




          Interference No. 103,197                                                      


          considerable motion artifact, the oximeter responded                          
          accurately and displayed a normal range of saturation values,                 
          usually in the range of 95% to 100%." 72                                      
               Helen Morrison also confirmed Dr. Morrison's testimony                   
          that he obtained the same results when he used a single                       
          hypodermic needle to insert the end of only the emitting fiber                
          or the detecting fiber end under his skin and positioned the                  
          end of the other fiber on the skin.   She also explained that73                                        
          he used the apparatus to test tissue in other parts of his                    
          body, including                                                               


          his leg, earlobes, hands, and fingers and obtained                            
          satisfactory oximetry readings. 74                                            
               Buschmann argues that the February 1988 tests fails to                   
          qualify as an actual reduction to practice of the subject                     

            H. Morrison, MR 148, ¶ 13.72                                                                       
            J. Morrison, MR 87, ¶ 31; H. Morrison, MR 149, ¶ 14.73                                                                       
            H. Morrison, MR 149, ¶ 14.  Dr. Morrison further74                                                                       
          testified that he also successfully performed the test after                  
          bonding the optical fibers to a fetal finger probe to                         
          determine if the invasive fetal probe concept would work on a                 
          smaller size emitter and detector that forms the fetal finger                 
          probe (MR 86, ¶ 26).  However, this testimony lacks                           
          corroboration and thus is entitled to no weight.                              
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