discussion, we assume that Anderson has demonstrated an April
1992 date of conception.
Diligence
Anderson alleges acts of diligence from a time prior to 8
September 1992, until its actual reduction to practice date of 9
January 1993, e.g. the "critical period." To satisfy the
reasonable diligence requirement, the work relied on must
ordinarily be directly related to reduction to practice of the
invention of the count at issue. Naber v. Cricchi, 567 F.2d 382,
384, 196 USPQ 294, 296 (CCPA 1977).
Dr. Anderson was in Colorado working as a university
professor from September 1992 until the beginning of January 1993
(Finding 41). Thus, Anderson relies on the activities of
Dr. Mizrahi and Dr. Erdogan for demonstrating reasonable
diligence for the "critical period" (Paper 274 at 69-78).
Anderson argues that Drs. Erdogan and Mizrahi performed
activities that were directly relevant to reducing the method of
the count to practice (Paper 274 at 69). Those activities have
been characterized by Anderson as follows: 1) work to obtain a
phase mask, 2) studies of optical fiber photosensitivity and
studies of grating growth, 3) work to optimize optical beams of
grating growing equipment, and 4) work to maintain the same
equipment (Paper 274 at 70).
The evidence in support of the activities that Anderson
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