HERMAN et al. V. Herman - Page 11




                         any contribution by, Norman P. Bames.                                                                                      
                                  The technique of Resonant Enhancement is an established technique that was                                        
                         initially discovered by Ashkin et al., in 1966, and applied to Optical Second Harmonic                                     
                         Generation and Mixing. The technique of resonant enhancement involves placing the                                          
                         nonlinear crystal in a reflective cavity, which surrounds the nonlinear crystal (See ...                                   
                         Herman Exhibit 2023). The technique of Resonant Enhancement has established itself,                                        
                         and has been used by many others skilled in the art to achieve double resonance of the                                     
                         pump and signal waves (See ...       Herman Exhibit 2024). 1                                                               
                                  In these disclosures, what is described is a technique wherein the nonlinear optical                              
                         crystal is placed in a reflective cavity, and that the reflective cavity is frequency-locked to                            
                         achieve a double resonance of the pump and signal waves. As shown, the Resonant                                            
                         Enhancement technique is equivalent to what is spelled out in claim 26[sic].                                               
                                  Although, by itself, the technique of Resonant Enhancement is an established                                      
                         state-of-the-art, that the application of the technique to Claim 24, which in turn is                                      
                         dependent on the independent Claim 19, is novel. Therefore, Claim 25 depends from                                          
                         Claim 24 and 19, and I conceived of the novel combination of Claim 25, which includes                                      
                         the recitations of claims of 24 and 19.                                                                                    
                         Herman IDD (Herman Exhibit 2006):                                                                                          
                         "Skill in the art".                                                                                                        
                         Herman NDI (Herman Exhibit 2012):                                                                                          
                         "Skill in the art".                                                                                                        
                         '679 Patent (Herman Exhibit 2001):                                                                                         
                         Column 9, line 67 through Column 10 line 9. (Herman Ex. 2021, pages 40-41).                                                
                         58. Herman testified that he alone conceived of count 26 as follows:                                                       
                                  The subject matter of claim 26 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                                    
                         any contribution by, Norman P. Barnes.                                                                                     
                                  The technique of Pound-Drever-Hall is an established frequency locking                                            
                         technique that was initially discovered by Pound in 1946 and applied to Microwave                                          
                         oscillators. (See Pound article, Herman Exhibit 2025). In 1983, Drever, et al. applied the                                 
                         technique to laser oscillators. Since that time, the technique of Pound-Drever-Hall                                        
                         frequency locking has established itself, and has been used by many others skilled in the                                  
                         art. (See ... Herman Exhibit 2026).                                                                                        
                                  Although, by itself, the technique of Pound-Drever-Hall frequency locking is an                                   
                         established state-of-the-art, the application of the technique to Claim 24, which in turn is                               
                         dependent on the independent Claim 19, is novel. Therefore, Claim 26 depends from                                          
                         Claims 24 and 19 and I conceived of the novel combination of Claim 26 which includes                                       










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