USPQ2d 1896, 1903 (Fed. Cir. 1998).
Snitzer lastly relies on the testimony of Dr. Stubbs, the
patent agent that prepared the Snitzer application, Snitzer
argues that Dr. Stubbs corroborates the Snitzer inventors'
conception of the invention by the end of July 1992 (Paper 278 at
54). On 30 July 1992, Dr. Stubbs met with Dr. Snitzer to discuss
the Snitzer inventors' invention.
Dr. Stubbs testified that, based on a meeting with Dr.
Snitzer on 30 July 1992, he believed that a mask having any form
of periodic variation in optical properties was within the
invention, whether they affected phase or amplitude of the
transmitted light (Finding 126). Stubbs' belief does not
establish corroboration of using a "phase grating mask" as
recited in the count and as defined in this interference
(Findings 10-18).
Snitzer is correct that conveyance of the precise terms of
the count is not necessary to demonstrate conception. Rather, as
Snitzer has pointed out, the subject matter defined by the count
must be conveyed. In this interference, phase mask, or phase
grating mask is a transparent mask having varying thickness
across the mask, to vary the phase of the transmitted light
(Finding 10). According to Stubbs, a mask that varies phase or
amplitude is a part of the Snitzer invention, However, it has
not been demonstrated that Stubbs understood that the inventors
45
Page: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
Last modified: November 3, 2007