Interference No. 104,745
practice, there is no testimony or other evidence corroborating specific dates for these acts,
which
the testimony suggests probably took no more than about ten hours to perform.32 For example,
although Dr. Baldwin testified that he "observed Dr. Laiko designing, building, and assembling
the AP-MALDI apparatus piece by piece on a daily basis" "[i]n the time period between
February 24-26, 1998, and March 11, 1998," Baldwin Decl. (LX 1074) ¶ 59, he admitted on
cross-examination that he could not recall a specific thing that he saw Dr. Laiko do on a specific
day between 22-24 February and 11 March 1998, Baldwin Depo., LR 256, ll. 1-7, or recall the
order in which Dr. Laiko built the lens support, modified the XY translator table, and constructed
the target assembly. Id. at LR 257, ll. 10-14.33 He also admitted that there were some days that
he did not see Dr. Laiko working on the AP-MALDI project. Baldwin Depo., LR 258, ll. 6-9.
The similar declaration testimony by Walls and Dr. Burlingame (in which they gave the last day
32 Construction of the lens support, shown in the 2003 photograph before us as LX 1049,
Baldwin Decl. (LX 1074) ¶ 62, was estimated by Dr. Baldwin to have taken no more than a few
hours. Baldwin Depo., LR 261, l. 17 to LR 262, l. 2. (Mr. Walls does not know how long this
task took. Walls Depo., LR 569, l .20 to LR 571, l. 12.) Detaching the microscope from its XY
translator table -- shown in the 2003 photograph before us as LX 1069, Baldwin Decl. (LX 1074)
¶ 63 -- was estimated by Dr. Baldwin to have taken no more than a few hours, Baldwin Depo.,
LR 262, ll. 3-14, and by Mr. Walls to have taken less than one hour. Walls Depo., LR 571, l. 20
to LR 572, l. 14. While an estimate of the time required to make the AP-MALDI target shown in
the two 2003 photographs before us as LX 1051, Baldwin Decl. (LX 1074) ¶ 64, was not given
by Dr. Laiko, Dr. Baldwin, or Mr. Walls, this task, too, would appear to have taken no more than
a few hours.
33 In view of this admission, we give no weight to Dr. Baldwin's declaration testimony that
the XY translator table was modified by 6 March. Baldwin Decl. (LX 1074) ¶ 63.
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