MORRISON et al. V. MANNHEIMER et al. - Page 54




          Interference No. 103,197                                                      


               optical fibers includes too many artifacts, then the                     
               oximeter monitor will display no reading at all.                         
                    28.  When measuring oxygen saturation, the oximeter                 
               monitor waits until it identifies measurements of four to                
               eight legitimate pulses (heart beat pulses) resulting                    
               from the pulsatile variations in the perfused tissue.                    
               Once the oximeter monitor identifies a sufficient number                 
               of legitimate pulsatile signals, then the oximeter                       
               monitor displays a pulse (heart rate) and oxygen                         
               saturation.                                                              
                    29.  When I performed the tests with the invasive                   
               fetal probe configuration, with one or both needles (with                
               optical fibers therein) under my skin, the oximeter                      
               monitor connected to my probe first "beeped " multiple                   
               times, indicating identification of legitimate pulsatile                 
               signals before displaying an oxygen saturation and pulse                 
               (heart rate) reading.  Since the oximeter monitor                        
               operated in the fashion it normally does when measuring                  
               oxygen saturation, I was confident that the optical fiber                
               arrangement under my skin was measuring oxygen.                          
                    30.  Second, about the same time I performed the                    
               test, I also measured the oxygen saturation of my finger                 
               using a conventional non-invasive pulse oximetry probe.                  
               The oxygen saturation measured at my finger with a                       
               conventional probe closely approximated the oxygen                       
               saturation measured in my forearm with the invasive fetal                
               probe design.  Exhibit 106 is a true and accurate copy of                
               a color photograph of the finger probe I used during this                
               testing period.  [Emphasis added.]                                       
          The Morrison reply brief further argues  that "[i]t is quite79                                    
          unlikely that pulse oximeter monitoring manufacturers would                   
          let a pulse oximeter monitor be sold publicly that did not                    
          prevent a false reading based on motion artifact (by                          
          evaluating the signal coming in as either legitimate or not                   

            Morr.Open.Br. 36.79                                                                       
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