MORRISON et al. V. MANNHEIMER et al. - Page 60




          Interference No. 103,197                                                      


               Falkowski testified  that91                                                   
               Dr. Morrison stuck two hypodermic needles parallel into                  
               the tissue, fed the emitting and receiving fibers into                   
               the hypodermic needles until they touched the tissue and                 
               finally optionally removed the fiber.  Thus, he                          
               positioned the ends of the optical fibers 1 mm apart                     
               having tissue between the ends of the fibers.  When we                   
               repeated the experiment here, we got under optimal                       
               coupling conditions less than 3 nW through the tissue.                   
               This is the resolution lower limit of our big R & D pulse                
               oximetry device.                                                         
          By "lower limit" Falkowski apparently means the minimum                       
          acceptable amplitude for modulated (i.e., AC and DC) red and                  
          infrared light components produced when actually measuring the                
          transmission of light through pulsatile tissue.  Falkowski                    
          further explained  that92                                                           
               From additional experiments we guess that the light                      
               intensity was not even 300 FW [sic, FFW].  If this is                    
               compared to the shunt light of 18 nW respectively 33 nW                  
               [sic, 18 nW red and 33 nW infrared], the DC [shunt light]                
               is in the range of 60 to 100 fold that of the light                      
               transmitted through the tissue. . . .                                    
               While Morrison faults Falkowski's tests for using steak                  
          instead of live tissue,  he did not explain, and it is not93                                                    
          apparent to us, why this would invalidate the foregoing test                  

            BR 25-26, ¶ d.91                                                                       
            BR 26, ¶ e.92                                                                       
            Morr.Open.Br. 37.93                                                                       
                                        - 57 -                                          





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