Recently it has been argued that the linear relation between the transverse
energy and the apparent probability to emit a fragment proves that the total
system is in thermal equilibrium. It is shown, for a specific reaction Xe+Sn at
50 A.MeV, that the same behavior is obtained in the context of Quantum
Molecular Dynamical without invoking the idea of equilibrium. The linear
dependance is shown to be a detector effect.