Interference No. 104,745
execute a Materiel Management Unit Request for Order (LX 1066)(hereinafter "Request for
Order") requesting that the laser be repaired by Laser Science and including the notation
"Estimated cost $2,100." Baldwin Decl. (LX 1074) ¶ 53. Then, in accordance with routine
practice, he submitted the order to Ms. Schwartz on the same or on the following Monday
(5 January). Id. Ms. Schwartz received the Request for Order on 2 January (Friday), 5 January
(Monday), or 6 January (Tuesday), altered it by changing "Estimated cost" to "not to exceed,"
and then submitted it within one or two working days to the Materiel Management Unit in
accordance with routine practice. Schwartz Decl. (LX 1062) ¶ 10. As indicated by the notations
"MRD" and "01/06/98" printed in the lower left-hand corner of the Request for Order, it was
processed on that date by Matthew Denny, the Senior Storekeeper of the Materiel Management
Unit. Denny Decl. (LX 1068) ¶¶ 3, 6. On that date, it was assigned number DP8964R231,
which appears in the left-hand bottom corner. Id.
The foregoing evidence demonstrates reasonable diligence from just prior to
19 December 1997 up to 6 January 1998.
Denny's testimony that he contacted Laser Science on either 6 or 7 January in accordance
with routine and ordinary practice, Denny Decl. (LX 1068) ¶ 7, is unconvincing because it is
contradicted by the Request for Order and by the Laser Science internal "Order" document
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