ALTHAUS V. OLDROYD - Page 9




          Interference No. 104,158                                                    



          conjectural.  At most, going by the discussion at page 2, axis              
          XX must be considered as merely adjacent or intersecting axis               
          YY.  There is no disclosure of axis XX lying on or below a                  
          surface to be shaved.                                                       
                    In a second embodiment of Kirk, in Figures 4-9, a                 
          swivel plate 30 has at its center a pivot pin 31 which engages              
          in hole 22 on integral head plate 21.  The pivot pin 31                     
          defines axis XX in the embodiment of Figures 4-9.  From the                 
          orientation of pivot pins 51 which define axis YY in Figure 4,              
          it is our finding that the pivot pin 31 and thus the axis XX                
          of this embodiment is somewhat below the blade-containing                   
          cartridge or head, and thus                                                 


          somewhat above the surface to be shaved, as argued by Oldroyd               
          in his fact statement 37 on page 2 of the Oldroyd brief.  Axis              
          XX does not lie on or below the surface to be shaved.                       
                    The last embodiment disclosed by Kirk uses an arched              
          metallic foil F with a plurality of apertures A therein.  The               
          apertures have sharpened edges.  Page 3 at 56-61.  In this                  
          embodiment, axis XX is clearly marked in Figure 12.  It is not              
          on or below a surface to be shaved.                                         
                                          9                                           





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