EDWARDS et al. V. LEVEEN - Page 20






          Interference No. 104,290                                                             



          The tape has been lost. Temperature measurements were taken at                       

          various distances from the electrodes. Kilzer witnessed these                        

          demonstrations, also. LX-1173, T19.                                                  

                     The results of the tests of September 28, 1993 were                       

          communicated to LeVeen at a later time. LeVeen watched the                           

          videotape, and inspected cut up beef liver samples that showed                       

          ablation and/or charring by the electrodes. LX-1173, T22." Fox                       

          describes LX-1132-34 as photographs of the charring that resulted                    

          from the test. LX-1173, 122.                                                         

                     Between September 28, 1993 and October 18, 1993, Fox                      

          was occupied building electrodes for additional probes. LR228.                       

          Additional tests or demonstrations were undertaken on October 18                     

          and October 20, 1993. LX-1173 T124-27. These tests were also                         

          described in Fox's lab book.                                                         

                     In summary, LeVeen is relying for reduction to practice                   

          on a series of in vitro experiments on harvested animal. livers                      

          conducted from June 23 through October 20, 1983. The livers                          




                11 It is noted that Fox's declaration states that the probe                    
          tested on September 28, 1993 was a probe with eight electrodes.                      
          LX-1173, 115-17. However, in paragraph 21 Fox states that the                        
          iiver had been charred "by the four electrodes . . . ... Cross                       
          examination on this point reveals that undesirable charring was                      
          experienced around four of the eight electrodes. LR227.                              

                                              20                                               








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