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- - 33 -Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 NextLast modified: November 3, 2007