Interference No. 103,197
design shown in MX 50, dated October 6, 1988, which employs a
solid screw helix and two short hypodermic needles each having
a single bend therein and containing an optical fiber. As76
explained infra, probe designs employing straight hypodermic
needles containing optical fibers were not conceived until the
fall of 1989. See, e.g., MX 13, date stamped October 3, 1989,
which shows a probe body 6 supporting a solid corkscrew needle
9 and an axially disposed straight hypodermic needle 10 which
contains an optical fiber 1, which is the needle design that
Buschmann concedes was actually reduced to practice on
September 19, 1989. No attempt was ever made to assemble a77
probe employing two straight hypodermic needles, as used in
the February tests. Nor is such an arrangement disclosed in
Morrison's involved application.
For the foregoing reasons, we conclude that the February
1988 test apparatus, rather than being envisioned as an
embodiment of a complete and operative probe as it would be
thereafter applied in practice, instead was simply designed to
determine the feasibility of using hypodermic needles
T. Johnson, MR 32, ¶ 26.76
B.Br. 43, ¶ 112.77
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