ADAMAS GEMOLOGICAL LABORATORY publishes gemologically oriented software for the jewelry appraiser, jeweler, or student in gemology or mineralogy. The laboratory also provides technical consulting and jewelry appraisal services to the trade and the public and expert witness services to the legal profession.

DeBeers Claims SAS2000 Technology As Their Own

SAS2000: Developed, Produced And Supported In The USA   Questions, Comments, Product
Imitation is the sincerest form of flattery BUT, over three years ago in Tucson at the AGTA show, I demonstrated an innovative SAS2000 technology which I called Liquid Nitrogen Immersion Spectroscopy (LNIS), whereby I used a small beaker filled with liquid nitrogen (with another beaker having a hole drilled in it used as a holddown device) to enable cryogenic spectra to be taken on a diamond (or any other gemstone) in the SAS2000 integrating sphere.  This simple technique greatly reduced the time necessary to take a diamond spectra at cryogenic temperatures and eliminated the need for vacuum systems.  Significantly prior to Tucson, I had initially demonstrated this technique to Dr. Thomas Anthony of General Electric Co, as a simple solution to cryogenic piping and vacuum systems currently in use by experimenters worldwide.  I subsequently adapted the LNIS technique to SAS2000 Raman spectra with a 532nm laser (with styrofoam insulation) and published the first data I had taken on a GEPOL treated diamond on my web site.  All these SAS2000 LNIS PRIOR ART were published, publically demonstrated, produced and sold in commerce, prior to their patent application priority date for this technique.







Little did I think that any company would have theCHUTZPA  to claim that they INVENTEDthe technique in their world wide patent application WO 02/06797, shown below (SAS2000 technologies in RED).  DeBeers had known of my SAS2000 LNIS techniques, as they even referenced my SAS2000 Raman web site page in their patent application.   But they admitted in their patent application priority date that they "invented" and laid claim to the SAS2000 technique WELL AFTER I had developed the Liquid Nitrogen Immersion Spectroscopy technique and introduced it into commerce.  Even General Electric, which had previously purchased two SAS2000's for use in the GEPOL project, bought the little pedestal adapters I produced for the SAS2000 integrating sphere at the time.  For a company having legal problems with the United States govenment, their actions are mighty strange.  DeBeers would not comment to me regarding their appropriation of SAS2000 techniques as their own.  I guess I have to go through the time and expense to file objections to their patent with the World Intellectual Property Office.

Marty Haske

DeBeers Replies In Clintonesque Fashion

In the June 7th, 2002 issue of the Rapaport Diamond Report, DeBeers spokeperson Richard Williams responded to my letter to the editor with denial after denial.  But FACTS show differently.

Quoting Mr. Williams, "The Specification acknowledges, in the section entitled "Background To The Invention", what was generally known at the time of the filing (17 July 2001), including a reference to the Adamas website as it then stood.  Contrary to Mr. Haske's assertions, we do not submit claims based on what has been acknowledged or referenced in the Specification as prior art, nor would they be accepted by patent examiners, who apply stringent tests for patentability.  The application meets all applicable legal criteria and the patent offices will evaluate the requested claims on their merits"

The problem is Mr. Williams, that by the patent filing date of 17 July, 2001, there were MANY published spectra on my website using the Liquid Nitrogen Immersion Spectroscopy (LNIS) technique as well as references to the "name" of the technique.  By 17 July, 2001  I had already been demonstrating the LNIS technique at the February Tucson AGTA show for TWO years.  By that time we even had a logo for the system, courtesy of John Caruso, which we displayed prominately at the February 2001 AGTA show in our booth.  The facts are not on your side, Mr. Williams !!



 
 

Letter to Rapaport Report:

Regarding the article on the diamonds.net web site "De Beers' Research Yields HPHT Secrets" the paragraph "Inventing the tools" should really be titled "Stealing The Tools". DeBeers has filed a world patent WO 02/06797 (see http://www.adamasgem.org/saspat.html  ) claiming  invention rights to technologies they DID NOT INVENT.  Primary among the claims that DeBeers makes, they claim to have "invented" the technique of immersing a diamond in Liquid Nitrogen, to obtain cryogenic spectra..  Their patent priority date is 17 July 2000. They even
referenced my web site on their patent...

 HOWEVER:

1) In the May time frame of 1999 I demonstrated the SAME technique to  Dr. Thomas Anthony of General Electric.
2) At the American Society Of Appraisers 1999 Conference in Boston I demonstrated the SAS2000  Liquid Nitrogen Immersion Spectroscopy (LNIS)  technique in a presentation to the ASA Gems and Jewelry members
3) On November 10th, 1999 I demonstrated the technique at a GIA Alumni Association meeting where I was the featured speaker.
4) In 1999 and early 2000 I had the technique of  "SAS2000 Liquid Nitrogen Immersion Spectroscopy" in COMMERCIAL USE world wide. Among the labs supplied LNIS adapters and cryostats at that time was the European Gemological Laboratory New York who puts an SAS2000 spectra on every fancy colored diamond and colored stone report.
5) Since 1999 I have been publishing SAS2000 LNIS spectra on my web site http://www.adamasgem.com
6) I have demonstrated the SAS2000 LNIS technique since February 2000 at the AGTA show in Tucson
7) In February 2000, at the AGTA show, Dr. James Shigley said to me that I should patent the Liquid Nitrogen Immersion Spectroscopy technique
8) In June of 2000 I published SAS2000 Raman/Photoluminescence spectra on my web site http://www.adamasgem.org/raman.html

The list goes on and on...

Do I have to say more.....

Do I have to say what I intend to do about this... besides filing a formal objection to the patent in Geneva and Washington

I am wondering what the US Justice Department and the Federal Trade Commission are going to say about DeBeer's false patent application?   A "little" unfair and deceptive practice which could be seen as  "diluting
a famous mark" under US Public Law 104-98.

There are a few laws that might have been stepped on by the DeBeer's patent application..

I hope that you will set the record straight in your publications, just as an example of the "right thing" to do.

I'm happy to see that DeBeers thought so much of my technique that they even referenced my work

I'm not happy that they try to appropriate it as their own, and interfere with my worldwide SAS2000 business.
The trade should admonish them.. take them to the woodshed. I surely intend to..

Martin D. Haske
Adamas Gemological Laboratory
77 Pond Ave. C609
Brookline MA 02445
617-232-5508

From diamonds.net

                      De Beers' Research Yields HPHT Secrets

                      By Dr. Chris Welbourn, and Dr. David Fisher
                                                                  Posted:  5/6/200
 "Inventing the Tools

One of the roles of the DTC Research Centre, in support of the De Beers Gem Defensive Programme (see page 46), is to assist gem-testing laboratories by developing practical instruments to deal with complex identification
problems. To this end, a low-cost, easy-to-use  instrument, currently in prototype form, is being developed for rapid
screening of potentially HPHT- treated type II diamonds (see page 51). This instrument will not replace the sophisticated laboratory equipment but it will  greatly reduce the number of stones that will need to be examined in such a time-consuming way. "
 
 

WO 02/06797




 

PUBLIC AND PRIVATE DEMONSTRATIONS OF SAS2000 LNIS TECHNIQUE

1) In the May time frame of 1999 I demonstrated the SAME technique to  Dr. Thomas Anthony of General Electric.
2) At the American Society Of Appraisers 1999 Conference in Boston I demonstrated the SAS2000  Liquid Nitrogen Immersion Spectroscopy (LNIS)  technique in a presentation to the ASA Gems and Jewelry members
3) On November 10th, 1999 I demonstrated the technique at a GIA Alumni Association meeting where I was the featured speaker.
4) In 1999 and early 2000 I had the technique of  "SAS2000 Liquid Nitrogen Immersion Spectroscopy" in COMMERCIAL USE world wide. Among the labs supplied LNIS adapters and cryostats at that time was the European Gemological Laboratory New York who puts an SAS2000 spectra on every fancy colored diamond and colored stone report.
5) Since 1999 I have been publishing SAS2000 LNIS spectra on my web site http://www.adamasgem.com
5a) In  December 1999 I demonstrated the LNIS technique on multiple stones to Tracy Hall Jr, David Hall and Joe Fox of NovaDiamond in Provo, Utah (Tracy Hall Sr. was the man who first synthesized diamond in the laboratory). In January 2000 published the LNIS spectra of my 1.93ct Fancy Vivid Green Yellow Diamond which we had transformed from a top light brown using NovaDiamond HPHT processing technique.
6) I have demonstrated the SAS2000 LNIS technique since February 2000 at the AGTA show in Tucson
7) In February 2000, at the AGTA show, Dr. James Shigley said to me that I should patent the Liquid Nitrogen Immersion Spectroscopy technique
8) In June of 2000 I published SAS2000 Raman/Photoluminescence spectra on my web site http://www.adamasgem.org/raman.html
 
 

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