Ann: Preliminary Final Report, page-25

I think the answer is here. So scenario 2 applies.

 

While the fabricator is in the latter stages of refining the

fabrication processes, nonetheless early wafers delivered exhibited performance and

reliability that are incomparably superior to anything the Company has received in the

past. These early deliveries have enabled the Company to make tremendous strides

measuring and refining the drive electronics and acoustic output of the devices.