BAI et al v. LAIKO et al - Page 35




                Interference No. 104,745                                                                                                 

                plot and MS spectrum, which he affixed to page 32 of his laboratory notebook (BX 207726)                                 
                together with a description of the test conditions.  Id. at ¶¶ 64-65.                                                    























                We agree with Laiko                                                       that this alleged reduction                    
                to practice lacks                                                         sufficient corroboration.  In                  
                contrast to pages 71-74 of  Fischer's notebook (BX 2066), Bai's notebook page was not                                    
                witnessed by anyone.  Nor did anyone other than Bai claim to have witnessed the alleged                                  

                26  As explained supra, Laiko's contention that the notes referring to conception and reduction                          
                to practice at the top of this exhibit raise a question of fraud was rejected in the 13 November                         
                2003 "Decision on Miscellaneous Motion to Supplement the Record" (Paper No. 128).                                        
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