Interference No. 104,745
The structure designated as "API interface of 'Mariner' instrument" is the atmospheric pressure
interface of a Mariner ESI (electrospray ionization) atmospheric-pressure ortho-TOF mass
spectrometer. LX 1041, at 2-3. Although the figures do not show an "atmospheric-pressure
ionization chamber" (paragraph a of the Laiko count alternative), Bai does not challenge Laiko's
contention that the presence of such a chamber is implied by the reference to pressure as an
adjustable parameter in the proposal at page 4, paragraph b, which reads: "In the case of
successful detection of (may be [sic]) weak APMALDI signal, a very broad range of
experimental parameters may be adjusted. These include bath gas nature, pressure and
temperature, special matrixes (including liquids)." Nor does Bai deny that the recited "sample
support positioned within said ionization chamber" (paragraph b) and "sample . . . comprising an
analyte embedded in an ionization-assisting matrix" (first paragraph c) read on the illustrated
"MALDI Target." However, Bai does dispute Laiko's contention that this exhibit establishes
conception of the recited "laser for illuminating said sample, to induce . . . release of said analyte
ions from said sample, and to induce ionization of said analyte to form said analyte ions" (second
paragraph c) and the recited "interface connecting said ionization chamber and said
spectrometer for capturing said analyte ions released from said sample and for transporting said
analyte ions to said spectrometer" (paragraph d). According to Bai, the language in this proposal
and the testimony of Drs. Laiko and Burlingame reveal skepticism about the operability of the
proposed AP-MALDI apparatus, with the result that Laiko has not demonstrated a reasonable
expectation of success in generating sufficient analyte ions and transporting them to the
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