HILL et al. V. ANDERSON et al. V. SNITZER et al. - Page 64





        interest on the part of Elias Snitzer in Hill's work (Finding             
        69).                                                                      
             Anderson also objects to the admissibility of Hill exhibit           
        2045, paragraph 20, since Dr. Hill testifies that he made                 
        gratings with a phase mask by the spring of 1992. Hill does not           
        rely on this statement to aver an earlier date of conception.             
        Accordingly, we have not considered the exhibits 2044 or 2045             
        with respect to demonstrating a prior conception of 24 April              
        1992.                                                                     
             Accordingly, Anderson's motion to suppress Hill Exhibit 2044         
        and portions of Hill exhibit 2045 and 2048 is dismissed as moot.          
             D. Judgment                                                          

             Based on our decision, it is                                         
             ORDERED that judgment as to Count 2 (Paper 209), the sole            

        count in the interference, is awarded against junior party DANA           
        Z. ANDERSON, TURAN ERDOGAN, and VICTOR MIZRAHI;                           
             FURTHER ORDERED that junior party DANA Z. ANDERSON, TURAN            
        ERDOGAN, and VICTOR MIZRAHI is not entitled to a patent                   
        containing claims 1, 2 and 5-8 (corresponding to Count 2) of U.S.         
        Patent 5,327,515;                                                         

             FURTHER ORDERED that judgment as to Count 2 (Paper 209), the         
        sole count in the interference, is awarded against senior party           
        ELIAS SNITZER, and JOHN D. PROHASYA:                                      
             FURTHER ORDERED that senior party ELIAS SNITZER, and JOHN D.         

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