Interference No. 104,745
[t]he program that the AP-MALDI research group was using at that time did not
address the stability and signal issues inherently associated with a pulsed
technique, such as AP-MALDI. The normal macro used for a GC/MS or LC/MS
device, for example, was too slow to capture sufficient ions in the AP-MALDI
device. Accordingly, I adapted a macro that was originally written for a GC/MS
system such that data was captured in selective ion monitoring (hereinafter
"SIM") mode at a slower rate so that synchronization with the laser fire would not
be necessary. Soon after I finished the macro in December 1997, I was aware that
the AP-MALDI research group had collected test data. By December 24, 1997, I
was aware that the AP-MALDI research group had memorialized their test results
in Steve Fischer's notebook as well as in the invention disclosure statement filed
with HP's legal department.
Id. at ¶ 9.
On 23 December 1997, the test apparatus (using the modified macro), under the same
operating conditions that were employed in the 19 December test, was used to irradiate a target
material containing both "-cyano as a matrix and bradykinin as an analyte. Fischer Decl.
(BX 2044) ¶ 47. These test results do not include a mass spectrum of the analyte, instead
consisting of two sets of "selected ion monitoring" (SIM) chromatograms with the mass filter of
the LC/MSD instrument set to two different mass-to-charge ratios, respectively. Id. at ¶¶ 47-50.
The first set of chromatograms (BX 207223) represents capture intervals # 1 to #10 with the mass
filter set at 1061 m/z, which corresponds to the [M+H]+ ion of bradykinin. Fischer Decl.
(BX 2044) ¶¶ 47, 49. Capture intervals #4 to #7 are reproduced below:
23 Also in the record as the sixth page of BX 2076, the HP "Invention Disclosure."
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