directs us to, does not support Anderson's argument that the
activities were directly related to reducing the count to
practice. First, Anderson has failed to direct us to evidence
that demonstrates that it was diligent in its activities to
obtain or make a phase mask prior to 19 November 1992.
Anderson argues that a phase mask was not available to the
inventors at the start of the critical period, citing to the
declaration of Dr. Erdogan (Paper 274 at 71). Dr. Erdogan
testified that his lab did not have a phase mask suitable for
making bragg gratings (Finding 43). From this, we do not know
what, if any, efforts were made to try to find a phase mask, or
what attempts were made to make a phase mask. All we know is
that Erdogan's lab did not have a phase mask.
Dr. Erdogan further states that he and Dr. Mizrahi
researched several methods for making a phase mask. No dates or
specific activities are given in connection to this statement.
The only specific activities that Anderson directs us to
regarding the making of a phase mask occurred from 19 November
1992 until 9 January 1992 (Paper 274 at 72). This does not
explain what, if anything, the inventors were doing to obtain or
make a phase mask prior to 19 November 1992".
'2 During oral argument, counsel for Anderson acknowledged
that there were no activities by the inven ' tors of obtaining a
phase mask or making a phase mask prior to 19 November 1992.
(Transcript at 9-10, lines 19-8).
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