According to Winter, he disclosed the key chain design to
Mr. Hiebel on 1 November 1996 (FF 19). Mr. Hiebel has submitted
a statement indicating that he made a wooden snowboard key
chain at Winter's request between 7 October 1996 and 1 November
1996 (FF 20). Mr. Hiebel does not describe the key chain in any
detail nor does he state that the key chain would fall within the
scope of the count.
Winter also submitted invoices from various companies. None
of the invoices describe the key chain in any detail or indicate
that the key chain would fall within the scope of the count
(FF 20).
In the Winter preliminary statement, Winter mentions
technical drawings made from the model Mr. Hiebel made
(FF 19). With the Winter case-in-chief, Winter submitted drawing
said to be his drawings of the snowboard key chain (FF 20). No
drawing is attached to the preliminary statement and it is not
clear that the technical drawings referred to in the preliminary
statement are the same as Winter's drawings submitted with the
Winter case-in-chief. Even if we do assume that the drawings are
the same, it is not clear that the key chain of the submitted
drawings falls within the scope of the count. For instance, the
key chain of the count has a hole for placing a ring through it
and is slightly curved upward at the front and back ends of the
snowboard (see, e.g., fig. 2 of '501 and fig. 1 of '498). The
key chain of the drawing submitted by Winter does not appear to
have a hole or a slight curve at the front and back ends. Even
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