BAI et al v. LAIKO et al - Page 21




                Interference No. 104,745                                                                                                 

                        ("LC/MS") system to conduct our experiment because it was suitable to                                            
                        confirm ion generation from an AP-MALDI.  We also acquired standard                                              
                        LC/MS software for data collection and a lab stand for holding the sample                                        
                        target.  At HP at the time, the mass spectrometers were given names of  rivers.                                  
                        The particular mass spectrometer we acquired was known as "Yukon."                                               
                Id. at ¶ 34.  The laser and laser optics were obtained by disassembling an HP2010 MALDI-TOF                              
                system.  Id. at ¶ 33.  In contrast to the laser optics employed in the December 1977 tests, those                        
                employed in the November test were incomplete.  Id. at ¶ 41.  Fischer further explains:                                  
                35.  After gathering the materials, we set-up [sic] our first AP-MALDI prototype.  We                                    
                        removed the electrospray chamber from the LC/MS instrument.  We suspended                                        
                        the sample surface from the lab stand in front of the API capillary of the LC/MS.                                
                        In November 1997 we conducted at least one test on the AP-MALDI prototype in                                     
                        Lab 23, but the test results did not indicate the detection of ions.                                             
                Id. at ¶ 35.  As will appear, although Bai's record does not include a description of the internal                       
                components of the "Yukon" instrument, which was also used in the alleged 23 December 1997                                
                actual reduction to practice, those details are not needed to decide the issues raised by the                            
                parties.                                                                                                                 
                        By 19 December 1997, after acquiring a laser having complete optics, the AP-MALDI                                
                apparatus and the "Yukon" instrument were set up in Lab 22, which is adjacent to Lab 23 and                              
                shares with Lab 23 ventilation and power systems that were separate from the rest of the                                 
                building.  Id. at ¶¶ 38, 40.  The 19 December test, which involved a matrix material but no                              
                analyte material, is described in the "12/19" entries at pages 71-73 of Fischer's laboratory                             






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