Interference No. 103,414
fact that the rivet which Southco had earlier
supplied to Unistrut was specified to have a
maximum grip of .356", which corresponds only
to one tube and one fitting of the Telestrut
system, and Unistrut was attempting to use
the rivets to connect two tubes plus one
fitting. In paragraph two of Mr. Vickers'
letter he advised Mr. O'Rourke of his
conception of providing an additional step on
the shank[,] producing a three-stage rivet,
which would work to reduce the driving force
when installed through all three layers, and
thus satisfy each of the three conditions set
out in Mr. Wright's June 9, 1992 letter
(Ellis “Exhibit 2"). Mr. Vickers' reference
in his letter to “all three layers” refers to
the condition in which the rivets would
connect two tubes plus one fitting,
corresponding to condition number 3 in Mr.
Wright's June 9, 1992 letter. Mr. Vickers
advised Mr. O'Rourke that samples would be
sent to Mr. O'Rourke by June 17, 1992.
(O'Rourke, ER 2:18-3:5 and Vickers, ER 13:1-
20).
8. On or about June 11, 1992, Mr. Ellis
prepared a first handwritten drawing of a
three-stage rivet, which is identified as
“Ellis Exhibit 12.” In this drawing, the
diameter of the third stage at the end of the
shank is shown as being .468”, and the
distance from the top of the third stage to
the under side of the rivet head is shown as
being .408”. Mr. Ellis' notation that
[reads] “need Fri 12 June” refers to the date
in which samples based on this drawing were
needed. (Ellis, ER 6:14-21).
9. On or about June 12, 1992, Mr. Ellis
prepared a second handwritten drawing of a
three-stage rivet, which is identified as
“Ellis Exhibit 13.” The drawing shown in
Ellis Exhibit 13 is a modification of that
shown in Ellis Exhibit 12 in that the
diameter of the third stage was changed to
.437" and the distance from the top of the
third stage to the under side of the rivet
head was changed to .380”. Mr. Ellis'
handwritten note “need 6/15 Mon” again refers
to the date that samples were needed (Ellis,
ER 6:22-7:6).
App. 4
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