Interference No. 103,029
commercially available copolymer of ECH/EO where the
epichloro- hydrin and the ethylene oxide are present in a 1:1
molar ratio. KR616-17. Barnhouse gave Borg-Warner the Hydrin
200 first and thereafter gave Borg-Warner samples of 50/50 by
weight ECH/EO copolymer which he may have identified to Borg-
Warner personnel as Hydrin 250. KR617; KR623; Stip.¶2.
Barnhouse never divulged the composition of the samples to
Borg-Warner, and to the best of his knowledge they did not
know the compositions of the samples. KR651. In fact,
Barnhouse preblended promising ECH/EO copolymers with Blendex
131, an ABS resin, before sending them to Borg-Warner in order
to make it more complicated for Borg-Warner to determine the
exact composition of the ECH/EO copolymer. KR660. No
documentary evidence has been found that Federl, Kipouras or
anyone else at Borg-Warner knew the compositions of the
copolymer samples Barnhouse supplied. Stip.¶2. Finally,
exactly what copolymer composition samples to provide to Borg-
Warner for blending with their ABS terpolymer was entirely
Barnhouse’s choice. KR668.
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