MORRISON et al. V. MANNHEIMER et al. - Page 68




          Interference No. 103,197                                                      


               Accordingly light fibers are inadequate for pulse                        
               oximetry, at least to the    degree where movement of the                
               fiber can not be securely excluded.                                      
          As evidence that movement of an optical fiber is capable of                   
          modulating light that is being transmitted therethrough,                      
          Falkowski  cites Buschmann's U.S. Patent 5,241,300 (BX 1),108                                                                  
          which discloses an infant vest which operates on this                         
          principle to monitor respiration.                                             
               However, Falkowski did not present any experimental proof                
          that this was a significant problem in the February 1988 test                 
          apparatus.  Nor it apparent why the probe employed in the                     
          September 19, 1989, actual reduction to practice, which had a                 
          long optical fiber for transmitting received light from the                   
          tissue site to a remote photodetector, did not also suffer                    
          from this problem.  We therefore are not persuaded that the                   
          February 1988 test apparatus or the November 1987 designs were                
          inoperative in this respect.                                                  
                    (e) Wavelength mismatch                                             
               Buschmann argues  that the results of the February 1988109                                                     
          tests are suspect because the Nonin oximeter was not                          

            BR 29-30, ¶ 10.108                                                                      
            B.Br. 68-69.109                                                                      
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