manuscript describes all of the elements of the count. Although
there is no direct evidence that Dr. Snitzer received the Hill
manuscript, Cooperman testified that for the Volume 23, in the
ordinary course of business, she sent copies of all manuscripts
for keynote topics to each editor to be read (Findings 75 and
76). Cooperman further testified that a copy of each manuscript
was sent to the guest editors immediately after the manuscript
was received by the Annual Review Office (Finding 75).
Almost six weeks after the Annual Review Office received the
Hill manuscript, the Snitzer inventors, on 17 October 1992,
amended their '839 parent application by inserting an express
reference to using a mask with periodic variation in phase for
forming Bragg gratings in optical fibers. The Snitzer inventors
testified that they were surprised when they initially read a
draft of their '839 application and noticed that a reference to
phase masks was not in the application contrary to Dr. Prohaska
allegedly requesting that Dr. Stubbs, their patent agent, insert
such a reference. Dr. Stubbs does not recall a conversation with
Dr. Prohaska requesting to add an embodiment for a phase mask to
the '839 application, or ever discussing phase masks with the
Snitzer inventors (Findings 122 and 123). The single insert is
the only description in '839 that refers to a "phase mask."
In the early part of 1993, Dr. Snitzer wrote and faxed an
insert for the introduction for the Volume 23 (Finding 78). Even
49
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