Interference No. 104,745
Laiko concedes that the foregoing evidence, particularly the production of the mass
spectrum of the matrix material, demonstrates that on 19 December 1997 the AP-MALDI
apparatus generated and transported sufficient ions of the matrix material to the LC/MSD
instrument. In fact, Dr. Baldwin, a Laiko witness, conceded that "the mass spectrum of the
matrix illustrated in Bai Exhibit 2070 is evidence that the matrix ions were both generated and
transported to the mass spectrometer." Baldwin Decl. (LX 1074) ¶ 69. Nevertheless, Laiko
argues that the 19 December 1997 test fails to establish conception because it fails to show
conception of an ionization apparatus which (1) includes an ionization chamber and (2)
generates and transports analyte (as opposed to matrix) ions to a mass spectrometer, features
which Laiko contends are required by the Bai count alternative. Argument (1) fails because, as
explained above, the term "atmospheric-pressure" does not imply the presence of an
atmospheric-pressure ionization chamber. Furthermore, even it did, we agree with Bai that Lab
22 can accurately be described as an atmospheric-pressure ionization chamber, as nothing in the
count language precludes the ionization chamber from surrounding the spectrometer. Argument
(2) fails in view of the references to "AP-MALDI" in Michnowicz's above-noted testimony that
he had authorized acquisition of the parts necessary to develop an AP-MALDI apparatus by no
later than the end of November 1997, Michnowicz Decl. (BX 2092) ¶ 5, and in the 12/19 entry at
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