EDWARDS et al. V. LEVEEN - Page 24






         Interference No. 104,290                                                            



         terminal of a Bovie(D electrosurgical unit. We are in agreement                     

         with Hansen that the current flow path from the electrodes to the                   

         ground was directly from the liver tissue to the ground connec                      

         tion across the surface of the tissue in contact with the ground                    

         plate. EX-5153, 512. We are further in agreement that the                           

         impedance drop in the system was merely across the tissue of                        

         the explanted liver. Id.                                                            

                    It is our finding that in actual use with a live                         

         patient, the rf circuit established by the electrosurgical                          

         apparatus includes the targeted tissue in which the electrodes                      

         are placed along with the mass (composed of organs, tissue,                         

         and blood) between the targeted tissue and the ground pads or                       

         electrodes placed on the exterior of the body of the patient.                       

         EX-5153, T13. Thus, both the targeted tissue and the body mass                      

         contribute to the total impedance of the rf circuit, with the                       

         body mass typically contributing the major share. Id. Since the                     

         body mass typically dissipates the majority of the power, to                        

         disregard this mass in the tests seriously underestimates the                       

         amount of power needed to ablate tissue. Id. It is Hansen's                         

         expert opinion that in the 1993 time frame one of ordinary skill                    

         would not have known, absent in vivo testing or suitable modeling                   



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