Interference No. 104,745
Laiko's AP-MALDI proposal (LX 1041) appear to be the bases for Dr. Baldwin's and Dr.
Burlingame's testimony that the discussions and events leading up to the laser repair inquiry
occurred "[i]n the time period between October 31, 1997 and November 25, 1997." Baldwin
Decl. (LX 1074) ¶¶ 36-40, 42, 43; Burlingame Decl. (LX 1075) ¶¶ 38-41. While the lack of
specific dates about activities occurring prior to the critical period (beginning just before
19 December 1997) is immaterial, the testimony also lacks specificity regarding the activities
which allegedly occurred during the critical period, as explained infra.
The events which allegedly led up to the laser repair inquiry are as follows. Drs. Baldwin
and Burlingame testified that between 31 October and 25 November 1997, Dr. Burlingame
approved the proposed AP-MALDI project and instructed Dr. Baldwin to oversee it, including
providing scientific supervision as well as making sure that the appropriate resources were made
available, and that Dr. Laiko was so informed. Baldwin Decl. (LX 1074) ¶37-38; Burlingame
Decl. (LX 1075) ¶¶ 40-41. Dr. Baldwin testified that although the 30 October 1997 proposal
suggested disassembling an AutoSpec magnetic sector mass spectrometer to obtain a laser for
use in the AP-MALDI apparatus,
I informed Dr. Laiko that he would not be authorized to disassemble an existing
instrument, such as the AutoSpec magnetic sector mass spectrometer or other
MALDI-TOF mass spectrometers, because such spectrometers were currently
being heavily utilized and any disassembling may result in destruction of such
existing instruments. I instead proposed that he use the spare nitrogen laser that
was in possession of the UCSF Mass Spectrometry Facility, particularly by Mr.
Walls.
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