Nope, the 96.22m is shipments through December 2008.
By the end of March 2009, Nintendo expects to have 102.1m DS shipped.
http://www.nintendo.co.jp/ir/pdf/2009/090129e.pdf
The link above includes the data I just mentioned
People are difficult to govern because they have too much knowledge.
When there are more laws, there are more criminals.
- Lao Tzu