Interference No. 103,197
results. Furthermore, Falkowski's tests results are
consistent with subsequent tests allegedly conducted by Dr.
Morrison. Specifically, on October 18, 1988, Dr. Morrison,
using a low power calibrated wave length power meter obtained
from Newport Corporation, found that the 125 micron optical94
fibers he used in the February 1988 tests were not carrying
enough light:95
After testing the optical power and sensitivity of the
125 micron optical fiber, I believed I wasn't getting
enough light in or out of the fiber. Accordingly, in my
notebook entry of October 18, 1988 (Exhibit 136) I noted
that I would make a new probe configuration using 250
micron optical fiber. . . .
On November 8, 1989, Morrison conducted tests on probe that
Ted Johnson had made having an optical fiber inside a spiral
needle and recorded the test results in a page (MX 128) in his
research notebook. This notebook page, which is dated96
"11/8," shows a light output of about 18 nW for a twisted
J. Morrison, MR 99, ¶ 69.94
J. Morrison, MR 102, ¶ 75. Although this testimony is95
uncorroborated, it can be relied on as an admission against
interest. Gruber v. Via, 221 USPQ 276, 279 (Bd. Pat. Int.
1982); Wagner v. Notley, 202 USPQ 299, 303 (Bd. Pat. Int.
1977) (citing III C.W. Rivise and A.D. Caesar, Interference
Law and Practice § 402 (Michie Co. 1947)).
J. Morrison, MR 106, ¶ 88.96
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