 Part of the testimony in Arkansas was designed to refute this argument, and it was shown that in fact evolution does indeed make falsifiable claims. As we have already seen, natural selection is no tautology. If one could show that organisms did not exhibit differential reproduction – to take the example given above, that all proto-humans had the same number of offspring – then selection theory would certainly be false. Likewise, if one could show that human and dinosaur remains truly did occur in the same time strata of the fossil record, one would have powerful proof against the thinking of modern evolutionists. This argument succeeded in court – the judge accepted that evolutionary thinking is falsifiable. Conversely, he accepted that Creation Science is never truly open to check. On-the-spot, ad hoc hypotheses proliferate as soon as any of its claims are challenged. It is not falsifiable and hence not genuine science. However, after the case a number of prominent philosophers (most notably the American Larry Laudan) objected strongly to the very idea of using falsifiability as a ‘criterion of demarcation’ between science and non-science. They argued that in fact there is no hard and fast rule for distinguishing science from other forms of human activity, and that hence in this sense the Creationists might have a point (Ruse (ed.) 1988). Not that people like Laudan were themselves Creationists. They thought Creationism false. Their objection was rather to trying to find some way of making evolution and not Creationism into a genuine science.