Interference No. 103,197
Helen Morrison, involved a probe like that shown in the115
drawing at the seventh page of MX 173, which has a solid wire
coil, LEDs mounted on the face of the probe tip, and a center
cannula containing an optical fiber. The videotape shows116
that with this probe screwed into Dr. Morrison's finger tip,
oximeter showed readings between __ and 100%. In any event,
since the oximeter was conventional and thus known to be
capable of tracking ACred, DCred, ACIR, and DCIR for arterial
blood over the required range of oxygen saturation values, it
was not necessary for Dr. Morrison to reprove that capability.
It was only necessary to prove that the ACred, DCred, ACIR, and
DCIR values obtained when using his test apparatus actually
represented the arterial blood in the tissue between the
needle ends, which he failed to do for the reasons noted
above. Therefore, Dr. Morrison's failure to use the February
1988 test apparatus over a range of saturation values does not
MX 72; J. Morrison, MR 124, ¶ 149; H. Morrison, MR115
150, ¶ 17.
This drawing, which is undated, indicates that it was116
witnessed and understood by Helen Morrison. A different copy
of the same drawing, witnessed by someone else on September
30, 1989, is in the record as MX 13, which Morrison's
attorney, Clayton Johnson, received from Dr. Morrison on
October 3, 1989 (C. Johnson, MR 11, ¶ 30).
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