Interference No. 103,197
containing optical fibers to carry red and infrared light to
and from a region of tissue whose oxygen saturation is to be
measured.
3. The alleged problems with the February 1988
test apparatus and the November 1987 designs
Although our holding that the February 1988 test
apparatus did not represent an embodiment of a complete and
operative probe as it would be thereafter applied in practice
is reason enough to deny Morrison's claim of a February 1988
actual reduction to practice, we have also considered
Buschmann's alternative argument that the February tests fail
as an actual reduction to practice because the test apparatus
was not actually measuring oxygen saturation. Dr. Morrison
gave the following reasons for his confidence that the
February 1988 test apparatus actually measured the oxygen
saturation of the arterial blood in his forearm tissue: 78
27. . . . First, oximeter monitors are designed and
constructed such that the oximeter probe to which they
were connected would provide me a legitimate saturation
reading, or no reading at all. The nature of the
electronic instrumentation is that it will not give you a
reading unless it is measuring saturation since the
oximeter is designed to avoid artifacts. If the oximeter
senses that the optical signal passing through the
MR 86: ¶ 27.78
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