HILL et al. V. ANDERSON et al. V. SNITZER et al. - Page 30





          after that time.                                                                          
                Those activities that Anderson argues are directly related                          
          to reducing the invention of the count prior to the end of                                
          November 1992 are directed to activities that apply generally to                          
          studying and experimenting with various ways to form Bragg                                
          gratings. Anderson has failed to direct us to sufficient                                  
          evidence that would demonstrate that the other activities are                             
          directly related or precursors to reducing the invention to                               
          practice.                                                                                 
                For example, Anderson argues that Drs. Erdogan and Mizrahi                          
          worked on studying photosensitivities and grating growth rates                            
          since they did not have a phase mask or knew they would only be                           
          able to obtain an inferior phase mask. Anderson argues that:                              
                      The studies of optical fiber photosensitivities were                          
                also proper diligence activity, because the studies                                 
                identified fibers with high photosensitivity. The                                   
                identification of fibers with high Dhotosensitivities was                           
                relevant to reduction to practice of the count, because,                            
                Drs. Mizrahi and Erdogan, were unsuccessful at obtaining a                          
                phase mask suitable for practicing the count prior to                               
                JanuarV 8, 1993. Anderson Exh. 1031, pars. 31, Record pp.                           
                0273-0274; Anderson Exh. 1032, pars. 18-19, pp. 0285-0286;                          
                Anderson Exh. 1034, pars. 19-21, Record p. 0299-300. The                            
                inventors believed that they might have to use a phase mask                         
                of low QualitV to reduce-to-practice the count. Anderson                            
                Exh. 1032, par. 9, Record p. 0280-0281; Anderson Exh. 1049,                         
                Record p.0821, line 18, to Record p. 0823, line 19. Of                              
                course, they could not be sure of the mask quality prior to                         
                a successful production of a phase mask. Furthermore, the                           
                inventors knew that low mask quality would interfere with                           
                successfully reducing-to-practice the count', if the optical                        
                fiber being written was not sufficiently photosensitive.                            
                Anderson Exh. 1032, par. 9, Record pp, 0280; Anderson Exh.                          
                1049, Record p. 0822, line 1, to p. 0823, line 9. Thus, the                         
                inventors knew that a fiber with high photosensitivity could                        

                                                30                                                  







Page:  Previous  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next 

Last modified: November 3, 2007