Interference No. 103,197
calibrated for use with a Nellcor finger probe, which may have
employed different radiation wavelengths than were used to
calibrate the oximeter. We find this argument unpersuasive in
view of the testimony by Helen Morrison, an anesthetist, that
it was her understanding that "[m]any probes can adapt to
different pulse oximeters" and that she was personally aware110
of hospital personnel using a Nellcor probe with a Nonin
oximeter. Moreover, Buschmann's argument is not supported111
by any data establishing an actual wavelength mismatch between
Nonin oximeter and the Nellcor finger probe. The argument
concerning the alleged wavelength mismatch is therefore
unconvincing with respect to the alleged February 1988 actual
reduction to practice as well as the alleged November 1987
conception. Furthermore, even if it assumed that wavelength
mismatch caused significant errors in the oxygen saturation
readings obtained during the February 1988 tests, this would
not undercut the claim of conception, because one having
ordinary skill in the oximetry art would have recognized this
problem and would have known to avoid it.
H. Morrison, MR 946:22-23.110
H. Morrison, MR 947:3-6.111
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