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2. The Expert--Levi Chen
Levi Chen (Chen) testified for respondent as to whether any
research or experimentation activities were conducted pursuant to
the exclusive R&D agreement entered into between Utah I and U.S.
Agri, and as to the extent and nature of any such research
activities. Chen is an engineer employed by the Internal Revenue
Service in Los Angeles, California. He visited the site of the
jojoba plantation in Desert Center, California, and inspected the
growing jojoba in May 1986. Chen also visited U.S. Agri's
laboratory and greenhouse in Riverside, California. He is
qualified to testify as an expert in the instant case as to the
matters set forth in his report. Petitioner did not call an
expert witness to testify.
In the report he prepared with respect to the Utah I
partnership, Chen concluded that the activities conducted on the
80 acres controlled by Utah I between December 31, 1982, and
December 31, 1986, were irrigation, fertilization, and herbicide
field tests combined with efforts to select superior jojoba
plants for propagation. The field tests were carried out using
commercially available herbicides, such as "Roundup" and
"Princep", and commercially available fertilizers, such as "Uran
32", and a "10-34-0"5 mixture in different combinations, which is
5 The amended research plan refers to the fertilizer as simply
"10340".
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