The evidence that Anderson does direct us to (e.g., AR 280
281; AR 821-823, lines 18-19) in support of its argument does not
support that the inventors knew, at the time they did
photosensitivity studies, that they might have to use a phase
mask of low quality. For these additional reasons, Anderson has
failed to establish that it was diligent during the critical time
period.
Although not necessary to our decision, we also address
Anderson's other activities that Anderson argues are directly
relevant to practicing the count to practice. Those other
activities are 1) work to optimize beams of grating writing
equipment and 2) maintaining the grating writing equipment (Paper
274 at 75-78).
The grating writing equipment used by Drs. Erdogan and
Mizrahi was an interferometer laser. The laser was used in the
latter part of November 1992 in attempts to make a phase mask by
etching a pattern in the mask using the laser. Prior to those
activities, Anderson has failed to sufficiently demonstrate that
the inventors used the laser to reduce the invention to practice.
The evidence that Anderson directs us to in support of its
argument that the laser, and maintenance of such equipment, were
used to reduce the invention to practice are directed to those
events that occurred in the latter part of November 1992 for
making a phase mask. Anderson fails to sufficiently explain how
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