From: Bob Higgins 

Don't get me wrong, Tom Clarke did good forensic research and wrote a good 
paper.  In Clarke's comment about the translucency, he states:
"This error is impossible to quantify because it depends on the heater wire 
emissivity, temperature, and surface coverage, all of which are unknown."

I agree, it is impossible to quantify - sufficient data from the experiment was 
not reported.
Bob, 
First, here is Clarke’s take on the first Penon report and it isn’t pretty:
https://www.lenr-forum.com/forum/index.php/Thread/2989-The-August-2012-Penon-Hot-Cat-report/?postID=16547#post16547
As for Lugano, because of the “impossible to quantify” problem - this is 
clearly not admissible in court. You can see one of many reason why a jury will 
never hear about a test like Lugano, never hear about imaginary COP of 60 and 
not hear about the year-long testing either – due to evidentiary rules and the 
fact that Penon is completely unqualified.
Then, we have the problem of anomalous gain, which would violate the “known 
laws of physics.” I hate that as much as you do, but that is the way the legal 
system works. Few if any experts can get qualified by a Court who will testify 
that it can work – much less that it did work. They might have to fly McKubre 
in from NZ.  :-) 
In short, Rossi has almost no chance to win a jury trial even if his sordid 
background and criminal history cannot be introduced, in order to prove a 
continuing pattern of fraud. A trial is looking like a no-win situation for 
Rossi, especially up against squeaky clean All-American types who clean up the 
environment, instead of pollute it.

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