Interference No. 104,290
were placed on a conductive plate on a lab bench and a probe
was inserted into the livers. Electrodes were deployed manually
into the livers and rf electric current from the electrosurgical
unit was used to ablate the liver tissue around the deployed
electrodes.
In contradistinction to LeVeen's testimony that the
successful tests establish a reduction to practice of the subject
matter of the count, Edwards adduces testimony from an expert
witness to the effect that demonstrations between June and
October, inclusive, were not successful experiments in the
required functional setting leading to a legal determination of
reduction to practice. The Edward witnesses are Hansen and
Siperstein."
The following are our findings with respect to this
testimony. According to Hansen, the experiments did not demon
strate the ability to accurately position the apparatus in an
12 Much of the cross examination of Hansen consists of
questions designed to show that Hansen is not an expert according
to Hansen's own definition or showing that Hansen was not an
expert or one of ordinary skill in the relevant art in 1993. it
is our finding thaE Hansen is an expert in rf ablation of liver
tumors based on education and experience, and we find his entire
testimony to be relevant and credible.
21
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