EDWARDS et al. V. LEVEEN - Page 19






          Interference No. 104,290                                                             




          electrosurgical instrument was energized for 30 seconds. Id.                         

          The test results, i.e., the changes in temperature after 30                          

          seconds of rf heating, are indicated in a table in LX-1129.                          

                     After the probe had been removed from the liver for the                   

          last time, the liver was dissected and photographed. LX-1173,                        

          T12. The tissue between the electrodes appeared browned and                          

          charred, i.e., ablated. Xd.                                                          

                     Both Fox and LeVeen stated that they regarded the                         

          June 23, 1993 tests to have been successful tests, amounting to                      

          a reduction to practice of the subject matter of the count.                          

          LX-11-73, T13; LX-1172, T12.                                                         

                     During the summer of 1993, Fox constructed several                        

          other embodiments of the probe. These embodiments utilized                           

          between eight to twelve electrodes fashioned of .0008 inch                           

          diameter stainless steel wire. A photograph of an eight elec                         

          trode probe is entered into evidence as LX-1130. This electrode                      

          was used to conduct demonstrations on September 28, 1993. The                        

          demonstrations were conducted in vitro on beef liver. LX-1173,                       

          T17. LX-1131 is Fox's laboratory notebook that describes the                         

          demonstrations. ld. The separate demonstrations are labeied                          

          Nos. 1-5. The demonstrations were videotaped under fluoroscopy.                      



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