Interference No. 103,197
saturation in the manner of the "2nd Generation" probe, which
employed a total of four optical fibers, three in a first
hypodermic needle, of which two are used to measure pH and the
third is used to measure oxygen saturation in cooperation with
a fourth fiber contained in a second hypodermic needle. The
sketches of the March 15, 1988, design clearly show a total of
two optical fibers, of which MX 47 indicates that the "FIBER
IN CORKSCREW CAN BE FOR PH" and the "FIBER ON HUB SURFACE CAN
DETECT PULSE." As a result, we are not persuaded that the128
March 15, 1987, probe design was intended to be used to
measure oxygen saturation by pulse oximetry. It is possible
that this design instead represents a probe for measuring pH
and pulse rate (i.e., heartbeat), albeit in a manner that is
not apparent to us. Consequently, the March 15, 1988, design
does not represent a conception. We note in passing that
Buschmann's contention that "the drawings [of the March 15,129
1988, design] refer to one optical fiber for pulse and another
optical fiber for pH (apparently similar to Hochberg)" (our
Notation adjacent to bottom sketch on MX 47.128
B.Br. 21-22.129
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