Initially, during his cross examination, Dr. Rishton could
not recall the term phase mask being mentioned to him during his
meetings with Drs. Snitzer and Prohaska (Finding 111). Dr.
Rishton recalled much later during his cross-examination
testimony, that the term phase mask was discussed. Thus, there
is a conflict in Dr. Rishton's testimony.
Hill argues that Dr. Rishton was confused about when the
Snitzer inventors and he discussed phase masks. Apparently,
there were subsequent discussions, after the alleged prior
conception, between the Snitzer inventors and Dr. Rishton about
Dr. Rishton making a phase mask. Dr. Rishton did eventually make
a phase mask in 1993 for the Snitzer inventors (Finding 108). In
support of Hill's argument that Dr. Rishton was confused, Hill
directs us to Rishton's cross-examination, where Rishton states
that during the initial conversation with Dr. Snitzer, that Dr.
Snitzer had described phase masks "according to their
calculations." However, according to Prohaska's testimony those
calculations had not yet been made (Finding 117). According to
Hill, Dr. Rishton's recollection may be based on a subsequent
conversation he had with Dr. Snitzer regarding phase masks - a
conversation that occurred after Snitzer's alleged July 1992
prior conception date.
Further, although Dr. Rishton routinely kept notes regarding
meetings, the notes he kept for the initial discussions he had
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