Interference No. 102,668
that "Exhibits A, B, and D do not clearly show staves which
are curved or concave" (Br. at 12). Cavanagh does not dispute
that the staves of the count necessarily must be curved to
produce an operative device. Instead, he argues (Reply Br. at
6-7) that the curvature of the staves is: (a) described in
handwritten notation in Exhibit B; (b) apparent from the
photographs of Exhibit D; (c) depicted in Exhibit F and in
Figures 1, 2, 5, and 6 of Exhibit G; and (d) discussed in
DiCaprio's affidavit [CR 8-9]. It is not necessary to decide
whether this evidence supports Cavanagh's position because
McMahon's undisputed contention that the count implicitly
requires curved staves in order to be operative would appear
to be equally applicable to the device shown in Exhibits A, B,
and D, which Packard witnessed under test. It is readily
apparent from Exhibit A, the sketch of the assembled device,
that voltage-induced variations in the longitudinal length of
the piezoelectric stack in this device will cause transverse
vibration of the staves (resulting in acoustic waves in the
surrounding water) only if the staves have some inward or
outward curvature when at rest. As a result, Cavanagh has
shown by a preponderance of the evidence that the staves used
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