Interference No. 104,745
Dr. Laiko's testimony that by the end of the day on which he received the laser, he had
probably completed the tasks of measuring the beam intensity on an energy meter to confirm that
it was operational and adjusting the laser to make sure it was operating within specifications,
Laiko Decl. (LX 1037) ¶ 56, also lacks corroboration.
Dr. Laiko further testified:
55. In the time period between February 24-26, 1998 (on the day I took
possession of the laser) and March 9, 1998, I worked on the construction of the
AP-MALDI apparatus. During this time, I was also running routine atmospheric
pressure ESI and LCMS tests on Mariner for biological samples. While
conducting such tests, I typically had about 3 to 6 hours of free time each work
day. During this free time as well as during work day nights, I proceeded to
design, build, and assemble the AP-MALDI apparatus piece by piece on a daily
basis. As I was excited about this project, throughout this time period I spent my
spare time every work day on the AP-MALDI system.
Laiko Decl. (LX 1037) ¶ 55. These alleged activities included:
(a) discussing with Dr. Baldwin and Mr. Walls the risks posed by exposure to the
invisible infrared radiation and the need for protective eye wear, id. at ¶ 57;
(b) testing Dr. Laiko's own prescription glasses and a pair of polycarbonate protective
glasses from the UCSF Mass Spectrometry Facility using the laser and an energy meter, id.;
(c) retesting of the laser output and checking the laser stability, id.;
(d) gathering together (by 3 March) some of the components needed for the AP-MALDI
apparatus, including a lens and some lens support components allegedly obtained from Walls, id.
at ¶ 58;
(e) executing (on 6 March) a purchase order (LX 1048) for six pairs of ECLIPSE™
protective glasses from Cole-Parmer Instrument Co. ("Cole-Parmer"), id. at ¶ 59;
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