MORRISON et al. V. MANNHEIMER et al. - Page 67




          Interference No. 103,197                                                      


                    obtain a saturation reading because of the motion                   
                    artifact.  That's been my experience.                               
          We are of the view that even if, as Morrison contends, the                    
          test apparatus actually was measuring the oxygen saturation of                
          the arterial blood in Dr. Morrison's forearm tissue, the light                
          modulation caused thereby may have been significantly affected                
          by the light modulation due to the variations the distance                    
          between the needle ends, which is sufficient reason to doubt                  
          the accuracy of the oxygen saturation readings.  Consequently,                
          this is an additional reason why the February tests did not                   
          constitute an actual reduction to practice.  However, this                    
          problem does not make the November 1987 designs inoperative,                  
          because in those designs the distance between the ends of the                 
          needles is fixed.                                                             
                    (d)  Motion artifacts due to fiber optic movement                   
               Falkowski also testified  that when optical fibers are107                                             
          bent, the light intensity is modulated as the fiber's geometry                
          changes, and that this effect plays a significant role                        
               if the accuracy of the light transmission is high, i.e.,                 
               if modulation of 1% or less is a problem.  This is                       
               exactly the case in pulse oximetry, since a modulation in                
               the range of 0.1-1% is exactly the AC signal range.                      

            BR 29-30, ¶ 10.107                                                                      
                                        - 64 -                                          





Page:  Previous  60  61  62  63  64  65  66  67  68  69  70  71  72  73  74  Next 

Last modified: November 3, 2007