Interference No. 103,197
spectrometer and the photomultiplier and a working on an
adapter to solve it.
Ted Johnson's testimony that "after March 1988" he
periodically worked on the problem of inserting an optical
fiber through a hollow spiral needle without collapsing the
walls of the fiber does not imply work began during the139
spring of 1988.
For the foregoing reasons, Morrison has failed to prove
diligent activity or an acceptable excuse for inactivity
during the spring of 1988, which is sufficient reason in and
of itself to defeat his claim of diligence.
Morrison has also failed to prove diligent activity or an
excuse for inactivity during the summer of 1988. Dr. Morrison
described the activity during this period as follows:140
53. Over the course of the summer, I was regularly
testing optical fibers. These tests were primarily
qualitative since we had not yet obtained some of the
better instrumentation we later received in October 1988.
The tests centered around comparing oxygen saturation
readings for optical fibers placed below the surface of
the skin before and after the optical fiber was wound
T. Johnson, MR 31-32, ¶ 24.139
J. Morrison, MR 94.140
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