Interference No. 103,197
emphasis) inaccurately characterizes Hochberg, which uses130
both of its optical fibers (30 and 32) to measure pH.
Hochberg uses wires 22 and 24 to measure EKG, i.e., the fetal
pulse rate.
Assuming for the sake of argument that Ted Johnson's
testimony about using the March 15, 1988, design to measure
oxygen saturation in the manner of the "2nd Generation probe"
is credible, the March 15, 1988, design nevertheless fails as
evidence of conception because it employs an optical fiber to
deliver light to the tissue site, which was an inoperative
technique at that time for the reasons given above in
connection with the November 1987 design and the February
1988 test apparatus.
7. Diligence
As Morrison has failed to prove conception prior to
Buschmann's March 24, 1988, benefit date, it is not necessary
to consider whether Morrison was diligent during the period
running from just before that date up to September 19, 1989,
the date of his actual reduction to practice. Nevertheless,
we have considered this in the interest of completeness.
Mannheimer Exhibit 44.130
- 79 -
Page: Previous 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Next
Last modified: November 3, 2007