YAMADA et al. - Page 29





          Meza prepared the letter on 18 December 1991 (Paper 24 at 17).             
          In support of its argument, Chern directs us to the letter Meza            
          sent to Micron regarding the 91-095 draft application (Ex. 2017).          
               The letter by itself, however, does not indicate that Meza            
          worked on the application for substantial parts of every working           
          day from 6 December 1991 until 18 December 1991. The letter                
          merely indicates that Meza sent a draft application to Micron.             
          Meza does not testify that he was working on the 91-095                    
          application during the time of 6 December 1991 until 18 December           
          1991. Chern fails to direct us to evidence that indicates that             
          Meza was working on the 91-095 application, or indeed, that Meza           
          Was doing anything from 6 December 1991 until 18 December 1991.            
               There is also a gap of time from when Meza completed the              
          final draft of '339 on 14 February 1992 until "on or about" 24             
          February 1992, when Wen-Foo Chern received the final application           
          for execution. Chern argues that on 17 February 1992, Meza had a           
          conference call with a Micron representative regarding the '339            
          application (Finding 41(nn)). Meza does not testify as to the              
          conference call. Chern relies solely on the billing records for            
          '339 that indicate that a call took place between Meza and                 
          J. Smith on 17 February 1992. Assuming that a call was made to             
          discuss the status of '339, there is no account for the other              
          nine days, or the rest of the time on 17 February 1992.                    
               These two additional gaps alone may not '-e enough to                 
          conclude that Chern failed to sufficiently demonstrate that it             
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