Interference No. 103,197
made by Ted Johnson on March 15, 1988. The same design also122
appears in a drawing (MX 48) made by Ted Johnson on March 21,
1988, which is the last drawing dated prior to Buschmann's123
March 24, 1988, benefit date.
As Buschmann correctly notes, although these sketches124
and the accompanying notation identify the straight axial
optical fiber as a "pulse fiber" or a "pulse monitoring
fiber," there is no mention of pulse oximetry, measuring
oxygen saturation, or having a separate emitter and receiver.
Nor is there any explanation in the exhibits of how the
optical fiber in the corkscrew hypodermic needle is to measure
pH. Ted Johnson testified that when he made the sketch
identified as MX 46, he understood it to "illustrate
hypodermic tubing embedded in a plastic probe to form a hollow
corkscrew needle and to form a straight needle." He also125
offered the following explanation of how the March 15, 1988,
design was to be used to measure oxygen saturation:
T. Johnson, MR 570:1-14.122
T. Johnson, MR 574:23 to 575:18.123
B.Br. 22, ¶ 43.124
T. Johnson, MR 570:1-14.125
- 76 -
Page: Previous 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 Next
Last modified: November 3, 2007