Fedorochko, the patent counsel who prepared the patent application for the '679 patent,
during the week of January 8-15, 1999, without any participation of, or without any
contribution by, Norman P. Bames.
Herman IDD (Herman Exhibit 2006):
Based upon the disclosure in the Herman IDD on Page 2, paragraph 5, lines 2-4, one of
ordinary skill in the art, without any undue experimentation, could ascertain that the first
electromagnetic wave described in the Herman IDD could be a pulsed wave, and the
second electromagnetic wave could be a continuous-wave wave. However, Claim 7
depends from Claim 1 and I conceived the novel combination of Claim 7 which includes
the recitations of Claim 1.
Herman NDI (Herman Exhibit 2012):
Section D: Page 7, paragraph 2. (Herman Ex. 2021, page 16).
55. The portion of the Herman IDD that Herman directs us to in support of Counts 6 and
7 is as follows:
In addition, we are considering interactions such that the generated idler frequency w3 is
on the low frequency side of the fundamental pbonon resonance in the Reststrahlenband,
while the pump and signal frequencies, w, and W2 are on the high frequency side of the
band. (Herman Ex. 2006, page 2).
56. The portion of the NDI that Herman directs us to in support of Counts 6 and 7 is as
follows:
For a narrow-band terahertz output, two narrow-band sources are used for the pump and
signal wave sources. The two sources could either both be lasers or a combination of
lasers and parametric oscillators. For a wide-band terahertz output, a narrow-band pump
wave source is used in combination with a wide-band signal wave source, or vice versa.
The pump and signal wavelengths are selected so that the interaction is phasernatched for
the desired idler wavelength range, using the CRBDC phasernatching technique.
(Herman Ex. 2012, Section D, second paragraph).
57. Herman testified that he alone conceived of count 25 as follows:
The subject matter of claim 25 was provided solely by me, Gregory S. Herman, to
Gary Fedorochko, the patent counsel who prepared the patent application for the '679
patent, during the week of January 8-15, 1999, without any participation of, or without
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