Interference No. 104,745
noted assertion that detection of a "pattern" of mass peaks was required is not supported by a
explanation of why an AP-MALDI apparatus which has found to be capable of generating and
transporting analyte ions having a first mass-to-charge ratio (e.g., 1061) would not have been
expected to be capable of generating and transporting analyte ions having other mass-to-charge
ratios.
For the foregoing reasons, we are crediting Bai with a 23 December 1997 actual
reduction to practice.
On the next day, 24 December 1997, James Bertsch and Erik Reinecke witnessed the HP
"Invention Disclosure" (BX 2076), which includes, inter alia, a typed discussion of the
23 December test and copies of the 1061 m/z and 1900 m/z chromatograms, all of which were
witnessed on that date by Bertsch and Reinecke. Bertsch Decl. (BX 2085) ¶ 8; Reinecke Decl.
(BX 2042) ¶ 11.
Bai's alleged 20 January actual reduction to practice
While our crediting Bai with a 23 December 1997 actual reduction to practice obviates
the need to decide whether Bai additionally should be credited with the alleged 20 January 1998
actual reduction to practice, we will address that question in the interest of completeness.
Dr. Bai testified that on 20 January 1998 he replaced the quadrupole mass spectrometer
used in the December 1997 tests with an ion trap mass spectrometer, used the AP-MALDI
apparatus (including a first sample surface of stainless steel and a second that was gold-plated) to
irradiate a sample containing a matrix of alpha-cyano and an analyte of cytochrome c protein
digest (trypsin)," Bai Decl. (BX 2087) ¶ 58, and obtained the following Total Ion Current (TIC)
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