Interference No. 103,197
Falkowski relies is the "steak" experiment described above
under the heading "Motion artifacts due to needle movement,"
in which Falkowski measured modulation depth of 0.03% (red)
and 0.04% (infrared) for a 2 mm needle tip spacing and 0.015%
(red) and 0.02% (infrared) for 1 mm. As noted above, this
test demonstrates that the heartbeat in Falkowski's thumb and
index finger caused light modulation at levels too small to be
detected by a conventional oximeter when the needles ends were
1-2 mm apart in a piece of steak., The test does not show
that this spacing is too small when the needles ends are 1-2
mm apart in live tissue.
For the foregoing reasons, we are not persuaded that
Morrison's February 1988 test apparatus was inoperative for
failing to employ a sufficiently large spacing between the
needle ends or that the November 1987 designs were inoperative
for that reason.
(g) Failure to test over a range of saturation
values
Buschmann argues that the February 1988 tests fail to
show that the test apparatus would work in its intended
environment, because it was not used to track changes in
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