106. According to Rishton, Dr. Prohaska indicated that
either a phase mask or an intensity mask would work in their
Bragg grating project (SR 471, 1 11).
107. Per the conversation, it was determined that
Dr. Rishton would manufacture an intensity mask (amplitude mask),
since he could do so more quickly (SR 472, $ 12).
108. Dr. Rishton was subsequently asked, e.g. after the
alleged conception date, to make a phase mask and did so in 1993
(SR 801-802).
109. Dr. Rishton maintained meeting records and lab records
regarding the July 1992 conversations he had with the Snitzer
inventors (Snitzer Ex. 3039 and 3040).
110. The records do not use the term phase grating mask
(phase mask) or otherwise describe a phase grating mask.
111. At one point during cross examination, Dr. Rishton
could not recall the term phase mask being discussed during his
meeting with either Dr. Snitzer or Dr. Prohaska in late July
1992.
Specifically, Dr. Rishton testified as follows:
Q Okay. You're - referring to Exhibit 3039. At the top
of the page you have identified Rutgers grating masks?
A Yes.
Q Was that the term that you recall Dr. Snitzer using
during you discussion?
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