Interference No. 104,290
to satisfy the count limitations of localizing a selected tissue
region and then surrounding the selected region with the elec
trodes." We fully credit the testimony of Hansen on this issue.
Hansen also declares that the bench conditions employed
for the tests did not simulate real-life, physiological condi
tions. EX-5153, Tll. It is our finding that the in vitro bench
tests completely ignored the impedance characteristics of a
living organism, and furthermore ignored heat-sink/blood flow
cooling effects that would be experienced in a live test animal
or human.
As noted above in our factual findings, the tests
relied upon by LeVeen were conducted by placing an explanted
animal liver on a ground plate that was connected to the ground
13 ( ...continued)
are set when you're testing a hypothesis. We were exploring-
these were still exploratory [emphasis supplied].
" The Fox declaration is silent with respect to test condi
tions of predesignating a selected mass in the liver, maneuvering
the distal end of the cannula nearby and deploying the electrodes
so that the selected mass is ablated.
Additionally, the fact that one round of experiments was
performed under fluoroscopy is not necessarily indicative of
guiding the cannula and deploying the electrodes to surround a
mass that was selected before the experiment. It may be indica
tive simply of a desire to observe the operation and deployment
of the electrodes.
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