MORRISON et al. V. MANNHEIMER et al. - Page 62




          Interference No. 103,197                                                      


          fiber versus about 270 nW for a straight fiber.  A second test                
          shows about 18 nW for a twisted fiber versus about 210 nW for                 
          a straight fiber.                                                             
          Finally, in the summer of 1989, testing of probes Mayall made                 
          with a dual spiral configuration and others he made with a                    
          single coil containing a fiber and a center cannula containing                
          a fiber showed that their performance was "marginal" and that                 
          it was necessary to increase the overall optical efficiency,                  
          which was accomplished by switching to two designs having the                 
          LEDs directly on the face of the probe tip.   In one design,97                                
          light was collected by an optical fiber in a coiled needle                    
          (see MX 12, page 1); in the other, light was collected by an                  
          optical fiber in a central cannula (MX 13, page 1).  It is the                
          latter design that Buschmann concedes was actually reduced to                 
          practice on September 19, 1989.98                                             
               In view of the above, we hold that Morrison failed to                    
          demonstrate that the February 1988 test apparatus delivered                   
          enough light to the tissue site to result in a valid oxygen                   
          saturation reading.  As a result, the February 1988 tests                     

            Mayall, MR 141-42, ¶ 12.97                                                                       
            B.Br. 43.98                                                                       
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