Interference No. 103,197
failed to constitute an actual reduction to practice even if
the test apparatus represented an embodiment of a complete and
operative probe as it would be thereafter applied in practice.
Because the November 1987 designs employ optical fibers in
needles (coiled needles at that) to deliver light to the
tissue site, those designs also would deliver insufficient
light to the tissue site and thus are ineffective as evidence
of conception.
(c) Motion artifacts due to needle movement
According to Falkowski, the only explanation possible for
obtaining apparently valid pulse rate and oxygen saturation
readings with the February test apparatus is that 99
all of the light going through the fibers has been
modulated by motion artifacts and thus became AC of the
Morrison experiment. The corresponding DC is the shunt
light traveling from one drop of glue to the other drop
of glue. Thus, he [Morrison] encountered a modulation
depth of about 1% to 2% which is a normal modulation
depth for a commercial pulse oximeter, if the waveform
happens to look like a pulse.
Falkowski then explained how this must have happened: 100
Experimentally, we found that [when] keeping the two
hypodermic needles perpendicular to the skin, as Dr.
BR 26, ¶ e.99
BR 26, ¶ f.100
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