HILL et al. V. ANDERSON et al. V. SNITZER et al. - Page 23





          based on using a phase mask for the Snitzer project within about                          
          one or two weeks of his discussion with Dr. Snitzer on 21 July                            
          1992 (SR 464, $ 31).                                                                      
                118. Dr. Rishton testified that in the initial discussion                           
          with Dr. Snitzer (22 July 1992), that Dr. Snitzer "told me that a                         
          phase structure would be better for those for patterning                                  
          according to their calculations ... " (SR 824, lines 17-19).                              
                119. The calculations that Prohaska did, however, were                              
          performed after Dr. Rishton's and Dr. Snitzer's initial                                   
          conversation.                                                                             
                120. Dr. Stubbs, the Snitzer inventor's patent agent,                               
          testified that based on a meeting he had with Dr. Snitzer on 30                           
          July 1992, he believed that a mask having any form of periodic                            
          variation in optical properties was within the invention, whether                         
          they affected phase or amplitude of the transmitted light (SR                             
          487, $ 11).                                                                               
                121. Stubbs, during his cross-examination, testified that                           
          he could not recall the discussions he had with Dr. Snitzer                               
          during the 30 July 1992 meeting (SR 878, lines 5-13).                                     
                122. Stubbs does not recall the term phase mask ever being                          
          used during the conversations he had with the Snitzer inventors                           
          for writing their 1839 application (SR 896-897, lines 19-14).                             
                123. Stubbs does not recall a telephone conversation with                           
          Dr. Prohaska in which Dr. Prohaska allegedly emphasized that a                            


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