ELLIS et al. vs. HENRY - Page 16



          Interference No. 103,414                                                   


                    system, and the previously supplied rivet did                    
                    not satisfy those requirements.  Also, Mr.                       
                    Vickers advised that Unistrut was having                         
                    difficulty installing the previous Southco                       
                    rivet through three layers; in particular,                       
                    through two tubes and one fitting in                             
                    Unistrut's Telestrut system. (Vickers ER                         
                    12:5-13; Frame, ER 16:8-15; and Ellis, ER                        
                    5:6-13). Messrs. Vickers, Frame and Ellis                        
                    discussed that the particular problem                            
                    presented by the Unistrut requirements was                       
                    that the rivet sample which had been supplied                    
                    to Unistrut was designed by Southco for a                        
                    limited grip range only to be installed                          
                    through one tube and one fitting.  (Ellis,                       
                    ER 5:17-6:3; Vickers, ER 12:13-17; and Frame,                    
                    ER 16:15-19).  In the course of that meeting,                    
                    Mr. Vickers made the suggestion of producing                     
                    a three-stage rivet[,] which had not been                        
                    done before to Mr. Vickers['], Mr. Ellis' or                     
                    Mr. Frame's knowledge. (Ellis, ER 6:3-6;                         
                    Vickers, ER 12:17-19; and Frame, ER 16:19-                       
                    17:3).  Mr. Vickers, Mr. Ellis and Mr. Frame                     
                    each understood that the reduced diameter                        
                    near the end of the shank provided by the                        
                    additional step should reduce the driving                        
                    force when installed through three layers                        
                    while still functioning through two layers,                      
                    and thus satisfy the Unistrut requirements.                      
                    (Ellis, ER 6:6-11; Vickers, ER 12:19-24; and                     
                    Frame, ER 17:3-7).  It was agreed that Mr.                       
                    Ellis would prepare the necessary drawings of                    
                    the modified rivet, from which samples would                     
                    be prepared and sent to Unistrut, (Ellis,                        
                    ER 6:11-13).                                                     
                    7.  On June 10, 1992, Mr. Vickers sent a                         
                    handwritten letter by facsimile to Mr.                           
                    O'Rourke responding to the matters raised by                     
                    Mr. Wright in his June 9, 1992 letter.  Mr.                      
                    Vickers' letter is identified as “Ellis                          
                    Exhibit 3”.  Mr. Vickers' comment in his                         
                    letter regarding the “hard driving through                       
                    three thicknesses” refers to the difficulty                      
                    that Unistrut was having in attempting to use                    
                    the previous Southco rivet to connect two                        
                    tubes plus one fitting, which is identified                      
                    as number 3 in Mr. Wright's June 9, 1992                         
                    letter.  Mr. Vickers' comment in the letter                      
                    that the hard driving through three                              
                    thicknesses “is not surprising” refers to the                    
                                        App. 3                                       



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