MORRISON et al. V. MANNHEIMER et al. - Page 55




          Interference No. 103,197                                                      


          legitimate) and either give no reading at all, or give a                      
          standard error alert reading."                                                
               Buschmann has presented evidence which persuades us that                 
          the foregoing assumptions are incorrect, i.e., that the test                  
          apparatus was actually responding to stimuli other than the                   
          oxygen saturation of the arterial blood in Dr. Morrison's                     
          forearm tissue.  Buschmann also uses this evidence to                         
          demonstrate the inoperability of the, in which case they fail                 
          as proof of conception.                                                       
               Buschmann's evidence of inoperability consists of                        
          testimony by inventor Dr. Buschmann  and by Reinhold Falkowski80                                        
          concerning various tests they performed  which allegedly81                                    
          revealed the following problems with the February 1988 test                   
          apparatus:                                                                    
                    (a) Shunt light                                                     
               Buschmann uses the term "shunt light" to refer to DC red                 
          and infrared light that travels directly from the LEDs to the                 
          photodiode without passing through the optical fibers and                     

            Cited at B.Br. 78.80                                                                       
            Cited at B.Br. 60, 74-75.  Falkowski is employed by81                                                                       
          BLM (Falkowski, BR 21), which was founded by Dr. Buschmann in                 
          1978 (Buschmann, BR 7, ¶ 2).                                                  
                                        - 52 -                                          





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