Interference No. 104,745
mass spectrometer. Such individual spikes could be responsible for the difference in signals of
Bai's 1061 m/z and 1900 m/z chromatograms." Id. These reasons, however, are highly
speculative, as Dr. Baldwin admitted when he stated: "I am not aware of any basis for others in
the art to determine, whether sensitivity changes in the mass spectrometer or generation of
spurious ions (or some other phenomenon) may be responsible for the difference in signal
between Bai's 1061 m/z chromatogram and 1900 m/z chromatogram." Id. In the absence of
documentary evidence or test results confirming and quantifying these alternative explanations
for the differences between the 1061 m/z and 1900 m/z chromatographs, they are entitled to little
weight. See Ashland Oil, Inc. v. Delta Resins & Refractories, Inc., 776 F.2d 281, 294, 227
USPQ 657, 665 (Fed. Cir. 1985), cert. denied, 475 U.S. 1017 (1986)("Lack of factual support for
expert opinion going to factual determinations . . . may render the testimony of little probative
value in a validity determination. Cf. In re Altenpohl, 500 F.2d 1151, 1158, 183 USPQ 38, 44
(CCPA 1974)."). Moreover, these alternative theories fail to adequately address the fact that the
1061 m/z chromatograph shows an apparent synchronism between ion detection and the firing of
the laser.
For the foregoing reasons, we hold that the 23 December 1997 chromatograms are
sufficient to prove, by a preponderance of the evidence, that on that date the AP-MALDI
apparatus generated bradykinin 1061 m/z ions and transported them to the LC/MSD instrument,
where they were detected and counted. Furthermore, in the absence of any persuasive evidence
to the contrary we hold that it is reasonable for Bai to assume that the AP-MALDI apparatus was
also capable of generating analyte ions having other mass-to-charge ratios. Dr. Baldwin's above-
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