EDWARDS et al. V. LEVEEN - Page 26





         Interference No. 104,290                                                            



         device. It is this qualitative difference that would demand an                      

         in vivo test.                                                                       

                     Hansen also stated, and we find credible, that in vitro                 

         testing can be useful for comparing performance of a prior art                      

         device, whose ablation characteristics are known, to a new device                   

         whose ablation characteristics are not known, before clinical                       

         testing. However such an in vitro test must approximate the                         

         impedance characteristics of a living organism. EX-5153, 114.                       

         Hansen testified that one medically acceptable manner of testing                    

         that approximates impedance is to place the organ of choice on an                   

         insulated plate and immerse the plate in an electrolyte solution                    

         buffered to the approximate impedance of a human body. Id.                          

                     Hansen also testified that the in vitro tests of a                      

         static explanted liver neglected to account for the heat                            

         sink/blood circulation cooling effects of an organ in a living                      

         organism. This effect results from the fact that blood flowing                      

         through the heated tissue carries away the rf generated heat,                       

         much as an automobile's coolant carries heat from the engine                        

         block to the radiator. Hansen mentioned that this effect was                        

         recognized in the prior art including the McGahan publication.                      





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