Interference No. 103,414
10. On or about June 15, 1992, Mr. Ellis
prepared a third handwritten drawing of a
three-stage rivet, which is identified as
“Ellis Exhibit 14”. In that drawing, the
diameter of the third stage again has been
modified and is shown as .406,” while the
distance from the top of the third stage to
the under side of the rivet head is shown as
.380”, which is the same as that shown in
Ellis Exhibit 13. Mr. Ellis noted on this
drawing “need soon” because Mr. Vickers had
promised to have samples sent out by
Wednesday, June 17, 1992. (Ellis, ER 7:7-
15).
11. On June 15, 1992, Mr. Ellis prepared a
fourth handwritten drawing of a three-stage
rivet, which is identified as “Ellis
Exhibit 9”. In that drawing, the diameter of
the third stage as well as the distance from
the top of the third stage to the under side
of the rivet is the same as that shown in
Ellis Exhibit 14, which is .406" and .380”,
respectively. In addition, in the drawing of
Ellis Exhibit 9 there are other dimensions
that Mr. Ellis added for the entire rivet
structure. Mr. Ellis also noted that the
grip range was between .200" minimum to .460"
maximum, which would satisfy the requirements
imposed by Unistrut's “Telestrut” system.
Mr. Ellis noted that at maximum grip of this
design, the required driving force is 1500
[measurement units not specified] in order to
provide a tight joint, which satisfied
Unistrut's problem with the samples
previously supplied that did not provide a
tight fit for three layers, in particular two
tubes together with one fitting. (Ellis, ER
7:16-8:7).
12. Samples were prepared based on the
rivets shown in Ellis Exhibit 9 and were sent
on June 15, 1992 by Mr. Vickers to Mr. Wright
and Mr. Herbert J. Henry at Unistrut. (Ellis,
ER 8:8-11 and Vickers, ER 13:23-24). The
rivet samples were accompanied by a
handwritten letter that Mr. Vickers had
prepared, which is identified as “Ellis
Exhibit 10”. In Mr. Vickers' letter, he
advised that the rivets were modified so as
to reduce the driving force at the maximum
App. 5
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