ELLIS et al. vs. HENRY - Page 19



          Interference No. 103,414                                                   


                    grip thickness in accordance with Unistrut's                     
                    requirement.  Mr. Vickers also advised the                       
                    results of Southco's tests which showed that                     
                    the driving force at the maximum grip, which                     
                    is through two tubes plus one fitting, was                       
                    approximately equal to the [driving force                        
                    required for the] previous samples through                       
                    the thinner grip, which is through one                           
                    fitting to single tube.  At the top of the                       
                    page of Mr. Vickers' letter, the date is                         
                    incorrectly identified as 15 June 93 and                         
                    should instead read 15 June 92. (Vickers, ER                     
                    13:22-14:10).                                                    
                    13.  Mr. O'Rourke subsequently received a                        
                    telephone call from Unistrut, which he                           
                    believes was from Mr. Wright, who expressed                      
                    dissatisfaction with the three-stage rivet                       
                    that he had received from Southco.                               
                    (O'Rourke, ER 3:8-10).  Mr. O'Rourke                             
                    subsequently advised Mr. Vickers by telephone                    
                    that Unistrut was not satisfied with the                         
                    three-stage rivet.  (Vickers, ER 14:11-14).                      
                    Mr. Vickers in turn thereafter relayed this                      
                    information to Mr. Ellis. (Ellis, ER 8:12-                       
                    16).                                                             
                           [The partially tapered rivet]                             
                    14.  In September 1992, Mr. Ellis conceived                      
                    of an alternate design in which the three-                       
                    stage rivet was modified to substitute a                         
                    taper for the middle stage on the shank.  The                    
                    partially tapered shank design provided a                        
                    grip range between .200" minimum to .460["]                      
                    maximum, corresponding to that of the three-                     
                    stage design.  The primary differences in the                    
                    partially tapered shank design from the                          
                    three-stage shank design are seen at the                         
                    maximum grip of the Telestrut system, which                      
                    is through two tubes and one fitting.  In                        
                    particular, when installing the rivets, the                      
                    partially tapered shank provides for easier                      
                    driving than the three-stage design, however,                    
                    the partially tapered shank also yields a                        
                    less tight joint than that provided by the                       
                    three-stage design.  Samples of the partially                    
                    tapered shank design were made and sent to                       
                    Unistrut. (Ellis, ER 8:17-9:7).                                  


                                        App. 6                                       



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