Interference No. 103,197
shunt red (DCred) decreases omega and increases saturation. 90
For all omegas at or below 0.4, the saturation is given as
100%.
We agree that shunt light likely contributed to incorrect
oxygen saturation readings during the February 1988 tests and
that for this reason those tests do not constitute an actual
reduction to practice even if the February 1988 test apparatus
represented an embodiment of a complete and operative probe as
it would be thereafter applied in practice. However, this
does not detract from the operability of the November 1987
designs, because one having ordinary skill in the art
presumably would have known to shield against shunt light. An
inoperative disclosure can be relied on to prove conception
"if the invention can readily rendered operative without the
exercise of the inventive faculty." See I C.W. Rivise & A.D.
Caesar, Interference Law & Practice § 120, at 355-60 and cases
cited therein (Michie Co. 1940).
(b) Insufficient light to the tissue site
Falkowski incorrectly asserts that "[i]f DC infrared90
has a greater shunt than DC red, the ACs being indifferent
around one, omega becomes smaller than 1 and the saturation
accordingly is displayed as being in the upper range" (BR 32,
last three lines).
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