MORRISON et al. V. MANNHEIMER et al. - Page 70




          Interference No. 103,197                                                      


                    (f) Insufficient tissue thickness                                   
               Falkowksi offers both a theoretical explanation and an                   
          experiment which allegedly prove that a needle tip spacing of                 
          1-2 mm of tissue is too small to yield provide a detectable                   
          modulation signal.  The theoretical explanation  is that a112                          
          finger sensor used on a tissue layer 10 mm to 15 mm thick                     
          results in a modulation depth of about 1% to 5%, that                         
          decreasing the thickness by a factor of 5 decreases the                       
          modulation depth by a factor of 5 or even more, and that                      
          decreasing the tissue thickness to 1 mm will result in a                      
          modulation depth below the 0.05% to 0.07% minimum modulation                  
          depth accepted by commercial pulse oximeters.  This argument                  
          is unconvincing for the following reason.  Taking the worst                   
          case of a 1% modulation depth for 15 mm of tissue, the                        
          modulation depth for 1 mm of tissue (the lower end of the 1-2                 
          mm range given by Dr. Morrison) would be 1% divided by 15, or                 
          0.067%, which is within the minimum acceptable modulation                     
          range of 0.05% to 0.07%.  For 1.5 mm of tissue, the modulation                
          would be 1% divided by ten, or 0.1%, which is above the                       
          minimum acceptable modulation range.     The experiment on which              

            BR 27, ¶ 6.112                                                                      
                                        - 67 -                                          





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