Interference No. 103,146
establishing a reduction to practice. Finally, following the
above-noted cases, animal testing does not ordinarily suffice
to establish a reduction to
practice of a device used to measure human cardiac output.
Consequently, animal testing of the invention, as argued on
page 18 of the Elson brief, also does not establish a
reduction to practice of the subject matter of the count.
However, the record in this interference contains
sufficient evidence to establish successful human testing of
the subject matter of the count by doctors working on behalf
of the senior party by the end of September 1981. Elson
Exhibits 17 and 18 deal with the shipping of units to doctors
and/or nurses to initiate field testing in human subjects.
EX-47,48; ER77-89; ER 264-268. Witness Chin further
testified that the results received from the field establish
that the closed loop system worked for its intended purpose.
ER93-94. Elson Exhibit 20 is a synopsis of the various test
experiences of the hospitals seeded
with the closed loop system invention. Chin’s testimony is
supported by Young. EX-50; ER269-70. Viewing this evidence
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