though the insert does not describe the elements of the count, it
does describe writing gratings in fibers and using optical fibers
for communications and sensing. Thus, the insert describes the
general subject matter of the Hill manuscript. Hill argues that
the insert is further evidence that Dr. Snitzer had read the Hill
manuscript contrary to Dr. Snitzer's testimony. Dr. Snitzer
testified that he never read the Hill manuscript prior to or
during the pendency of his 1839 application, which issued well
after the time he wrote the insert for the Volume 23 (Findings 87
and 88).
Snitzer's side of the story is as follows. Snitzer argues
that Dr. Snitzer was very busy at the time he took on the role as
guest editor for the Annual Review of Materials Science. Dr.
Snitzer testified to this and testified that the late Dr.
Laudise, the other guest editor for the Volume 23, performed
almost all of the guest editing work (Findings 90 and 91).
Dr. Snitzer testified that in connection with his position
as guest editor, he solicited authors, received two manuscripts
(that Dr. Laudise sent to him specifically to review) and
provided an insert for the introduction to the Volume 23.
Snitzer further relies on the testimony of Mr. Wachtman, one of
the associate editors for the volume. Wachtman testified that
Dr. Snitzer was busy at the time Dr. Snitzer was guest editor for
Volume 23, and that it was his opinion that Dr. Laudise took on a
50
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