Interference No. 104,745
Bai contends that
because the signal events depicted in Bai Exhibit 2072 were substantially greater
than the patterns associated with background in Bai Exhibit 2074, those
chromatograms demonstrated . . . that the signal events depicted in Bai Exhibit
2072 were due to the analyte ions as opposed to noise or some other artifact. . . .
Thus, those chromatograms . . . indicated . . . that Bai's AP-MALDI apparatus
successfully generated analyte ions.
BBr 24, ¶ 44. In addition to being supported by the testimony by the inventors, Bai Decl.
(BX 2087) ¶ 52; Fischer Decl. (BX 2044) ¶ 50; Flanagan Decl. (BX 2046) ¶ 45, the foregoing
interpretation of the 23 December chromatograms (i.e., BX 2072 and BX 207425) finds support
in the testimony of Reinecke:
12. Based on my extensive experience with mass spectrometers, I am confident that
the chromatograms and MS Spectra data of Bai Exhibits 2070, 2072, and 2074
would be virtually impossible to produce unless analyte and matrix were ionized
from the disclosed matrix and analyte materials and detected with the described
devices [sic, device], e.g., mass spectrometer. . . .
25 BX 2070, also mentioned by Reinecke, is the 19 December chromatogram of the matrix
material.
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