through the mask on 21 July 1992. The Snitzer inventors
contemplated that "periodic object mask" included phase masks as
well as amplitude masks (Finding 97).
Snitzer relies on its Invention Questionnaire, testimonial
evidence of Dr. Rishton, and Dr. Stubbs and inventor testimony of
Dr. Prohaska that he performed calculations on phase masks at the
end of July 1992 to demonstrate independent corroboration of its
conception (Paper 278 at 40).
Snitzer relies on the questionnaire to show all features of
the count with the exception of a specific reference to using a
phase mask. Snitzer relies on the testimonies of Drs. Stubbs and
Rishton, along with activities of Dr. Prohaska to corroborate
that the Snitzer inventors conceived of using a phase mask (Paper
278 at 44-4S).
We begin our analysis by assessing the credibility of the
testimony of Dr. Rishton. Snitzer relies on Rishton's testimony
to corroborate the Snitzer inventors allegations that they had
discussed with Rishton using a phase mask for forming Bragg
gratings in late July 1992. Dr. Rishton's declaration and cross
examination testimony were taken some nine years after the events
to which he testified. That this is a long time for a person to
recollect events is exemplified by Dr. Rishton's inability to
recall certain events that occurred during the same time period
for which he testified (Findings 113-116).
40
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