HILL et al. V. ANDERSON et al. V. SNITZER et al. - Page 2






                 A. Introduction                                                                    

                 This is a decision on priority between junior parties                              

           Anderson and Hill and senior party Snitzer. A final hearing was                          

           held 26 April 2002.                                                                      

                 B. Findings of fact                                                                

                 The following findings of fact as well as those contained                          

           elsewhere in this opinion are supported by a preponderance of the                        

           evidence.                                                                                

                 1. Anderson is involved on the basis of U.S. Patent                                

           5,327,515, granted 5 July 1994, based on application 08/004,770,                         

           filed 14 January 1993.                                                                   

                 2. Hill is involved on the basis of U.S. Patent 5,367,588,                         

           granted 22 November 1994, based on application 07/969,774, filed                         

           29 October 1992.                                                                         

                 3. Snitzer is involved on the basis of U.S. application                            

           08/310,426, filed 22 September 1994.                                                     

                 4. Snitzer has been accorded benefit for the purpose of                            

           priority of U.S. application 07/963,839, filed 20 October 19921.                         

                 5. The interfering subject matter pertains to a method for                         

           fabricating Bragg gratings in an optical waveguide by disposing a                        

           phase grating mask adjacent and parallel to the optical waveguide                        

           and applying a single collimating light beam through the phase                           



                   Snitzer's involved application is a straight continuation of the                 
           07/963,839 application.                                                                  

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