BAI et al v. LAIKO et al - Page 47




                Interference No. 104,745                                                                                                      

                Baldwin Decl. (LX 1074) ¶ 40.  At that time, Walls was responsible for the management of                                      
                resources in Dr. Burlingame's laboratory (Room C-18).  Walls Decl. (LX 1079) ¶ 3. After it was                                
                discovered (by an unidentified person) that the laser was not working, Baldwin Decl.                                          
                (LX 1074) ¶ 42; Walls Decl. (LX 1079) ¶ 9,  Walls made an unsuccessful attempt to repair the                                  
                laser, during which he conducted tests that persuaded him that the problem was in either the                                  
                power supply or the plasma cartridge.  Walls Decl. (LX 1079) ¶ 10.                                                            
                         Thereafter, on 26 November 1997, which is prior to Bai's 19 December 1997 conception                                 
                date, Dr. Baldwin made the above-noted contact with Laser Science regarding repair of the laser.                              
                Ms. Ferreira, who is the "D.F." identified in that form as the "LSI CONTACT," explained that                                  
                this contact date is established by the "11/26/97" date appearing after "CONTACT DATE" in the                                 
                upper box on the Laser Science form (LX 1059), i.e., the box labeled "RETURN MATERIAL                                         
                AUTHORIZATION."  Ferreira Decl. (LX 1058) ¶ 4.   Ms. Ferreira also explained that in                                          
                accordance with customary and standard Laser Science procedures, the Return Material                                          
                Authorization (RMA) number R1733 which appears on the form would have been given to Dr.                                       
                Baldwin on the contact date for inclusion with the laser when shipped to Laser Science.  Id.                                  
                         The date when UCSF shipped the laser to Laser Science has not been established with                                  
                any certainty but necessarily must have preceded Bai's 19 December 1997 conception date,                                      
                which is also the date on which the laser was checked by a Laser Science technician, as indicated                             
                on the Laser Science form.  Ferreira Decl. (LX 1058) ¶ 7.  The technician's notes in the bottom                               
                box of the form identify the problem as a "Bad Pc," i.e., bad plasma cartridge, suggest replacing                             
                the junction box and HV cable as well, and estimated the cost of these repairs as $1,795 for the                              

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