BAI et al v. LAIKO et al - Page 23




                Interference No. 104,745                                                                                                 

                        0.01 min width.  A clear signal of 190 and 191 was observed.  Clearly matrix ions                                
                        are generated!!                                                                                                  
                BX 2066.  BX 2064 is a photograph of a 2003 reconstruction of the 19 December 1997 test                                  
                setup, with Roman numerals added to identify the sample surface (I), the API capillary (II),                             
                LC/MSD instrument (III), and the laser with complete optics (IV).   Fischer Decl.                                        
                (BX 2044) ¶ 41.                                                                                                          
                        BX 2070 is described as "a true and accurate copy of the chromatograms and MS                                    
                spectrum generated by the December 1997 test of the AP-MALDI apparatus."  Fischer Decl.                                  
                (BX 2044) ¶ 45.  Laiko apparently accepts the printed "12/19/97" date which appears at the                               
                bottom left-hand corner of this exhibit as correct, because he criticizes BX 2077 [relating to the                       
                alleged 20 January 1998 actual reduction to practice] for failing to include such a date: "[T]he                         
                chromatogram and mass spectrum on Bai's Exhibit 2077 do not include a computer printout of                               
                the test date . . .  In contrast, the other mass spectra and chromatograms in Bai's inventor                             
                notebooks do include a printout of the test date [citing BX 2070 and BX 2072]."  LOppBr 54.                              
                The mass spectrum shown in BX 2070 is identical to the mass spectrum shown in Figure 3A,                                 
                reproduced above, of Bai's involved application, which is a matrix spectrum from 188 m/z to 192                          
                m/z with matrix peaks at about 190 and 191 m/z.  Of the three chromatograms in BX 2070, Bai                              
                relies on only the third, reproduced below, which is also Figure 3 in Bai's application:                                 







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