Interference No. 104,745
notebook (BX 206621), Fischer Decl. (BX 2044) ¶¶ 42-45, of which page 72 (also in evidence as
BX 2068) contains the following sketch of the test setup:
The handwritten text of the 12/19 entries reads as follows:
Set up to test on a LC/MSD the possibility of generating ions at
atmosphere by MALDI. The set up involves the removal of the spray chamber.
In front of the capillary is a metal plate suspended in air by a lab stand. The metal
plate (sample stage) is held at ground potential.
The API capillary is held at -4KV. The drying gas is set to 7 l/min and a
temperature of 100°C. A laser w/ complete optics was taken from the MALDI-
TOF 2010 product. The laser was driven by a 24 V power supply and the pulse
was generated by a HP random pulse generator. A 20 Hz square wave set to 10V
was used to trigger the laser. The laser was oriented above the sample.
The matrix used was alpha-cyano [M+H]+ = 190 amu. This matrix is very
commonly used for positive ion MALDI because of the low energy needed to
ionize it and samples. Data was acquired from acquisition with a scan range of
188-192 m/z with a fragmentor setting of 50V. The data collection was set to
21 Laiko asserts that the handwritten note "Conception + Reduction to Practice" at the top of
the first page of this exhibit and similar handwritten notes at the top of BX 2077, which is
identified as a copy of a page from Bai's laboratory notebook, require that "the original rationale
for requiring corroboration--to avoid fraud--must be considered." LOppBr 53. Bai moved to
supplement the record with evidence explaining these notations (Paper No. 117). In a
13 November 2003 panel decision entitled "Decision on Miscellaneous Motion to Supplement
the Record" (Paper No. 128), that motion was denied on the ground that Laiko's accusation of
fraud lacks sufficient supporting evidence and thus requires no evidentiary response by Bai. Id.
at 2. Consequently, there is no need to further address that issue in this opinion.
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