Interference No. 103,197
While I understood that this configuration (having two
optical fibers arranged for placement below the fetal
skin and spaced from each other) was for pulse oximetry,
i.e., measuring fetal oxygen saturation, I also
understood that one of the optical fibers could be used
to measure the pH, in addition to pulse oximetry, along
the lines of the Second [G]eneration design shown in
Exhibit 42. 126
Johnson's explanation of the March 15, 1988, design is
unconvincing for several reasons. First, when he was asked
during cross-examination to explain how this design would
monitor oxygen saturation, he replied that he did not know. 127
Second, none of the documents disclosing the March 15, 1988,
design employ any of the language used in the November 24,
1987, exhibit (MX 42) to indicate that oxygen saturation is to
be measured, i.e., the language "Oximeter" (pp. 2, 4),
"Provides % O saturation" (p. 2), and "oximeter fiber"
2
(bottom of p. 4). Instead, the March 15, 1988, design
documents employ the term "pH," which is clearly distinguished
from oximetry in the notations about the "2nd Generation"
probe. Third, the drawings of the March 15, 1988, design do
not show enough optical fibers to measure pH and oxygen
T. Johnson, MR 27-28, ¶ 18.126
T. Johnson, MR 576:14-16.127
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