MORRISON et al. V. MANNHEIMER et al. - Page 65




          Interference No. 103,197                                                      


          piece of steak rather than on living tissue.  The test was                    
          conducted as follows:                                                         
               In order to get rid of the problems with optical fibers,                 
               I replaced the optical fibers by the semiconductors                      
               itself placing the semiconductors inside tiny windows in                 
               straight hypodermic needles which I covered with a                       
               transparent epoxy adhesive.  Thus, I had one emitting                    
               needle and one receiving needle which I could stick into                 
               the tissue with any distance desired.  Since I had no                    
               light losses coupling the light into fibers, I had plenty                
               of light and an excellent signal quality accordingly.                    
               Given this ideal experimental conditions I could                         
               concentrate on the biological background: The modulation                 
               depth of a very small tissue layer.  I stuck in the two                  
               hypodermic needles at a distance of 2.0 mm using a                       
               precise carrier keeping the distance constant while                      
               inserting the needles.  After the needles were positioned                
               I gave the needles free, so that they could pulsate                      
               freely like the hypodermic needles in the original                       
               Morrison experiment.  In this experiment with 2 mm tissue                
               layer I measured an AC to DC ratio (= modulation depth)                  
               of 0.03% in the red and 0.04% in the infrared.  Since Dr.                
               Morrison had only 1 mm I repeated the experiment with a                  
               gap of 1 mm tissue layer.  Here I received a modulation                  
               depth of 0.015% for the red and 0.02% for the infrared.                  
               This is an irrefutable proof that the Morrison experiment                
               did not work in the sense that the values displayed had                  
               nothing to do with pulse oximetry.  Any commercial pulse                 
               oximeter would have given a low perfusion error message                  
               receiving such a low modulation depth.  Even if Dr.                      
               Morrison had had access to such sophisticated sensors we                 
               are able to build now after years of work and experience                 
               in building invasive sensors which Dr. Morrison has not                  
               had [sic] at that time, he could not have received a                     
               reasonable signal on a commercial pulse oximeter.                        
          We understand Falkowski's statement that he "gave the needles                 
          free, so that they could pulsate freely like the hypodermic                   

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