Interference No. 103,414
15. On September 29, 1992, Mr. Ellis
received a telephone call from Unistrut, he
believes from Mr. Wright, who appeared to be
satisfied with the partially tapered shank
design, subject to further testing of a
sample lot. (Ellis, ER 9:8-11). Mr. Ellis
subsequently advised Mr. O'Rourke on or about
September 29, 1992 that he had developed a
rivet in which the three-stage rivet was
modified to substitute a taper for the middle
stage on the shank, which he had sent to
Unistrut and that Unistrut appeared to be
satisfied subject to further testing of a
sample lot. (O'Rourke, ER 3:11-15). Mr.
Ellis subsequently advised Mr. Vickers of the
same information on or about September 30,
1992. (Vickers, ER 14:15-18). Mr. Vickers
prepared a work order shown in “Ellis Exhibit
11" dated September 30, 1992 for the rivet
with tapered shank per samples supplied by
Mr. Ellis. (Vickers, ER[] 14:19-15:3).
16. On September 29, 1992, Mr. Edmund S.
Koza, Engineering Technician for Southco
(Koza, ER 20:1-2), received a Sales Request
for Information from Mr. Mark S. Rayne,
Modifications Coordinator for Southco (Rayne,
ER 18:1-2), in which Mr. Rayne asked Mr. Koza
to contact Mr. Ellis in relation to Mr.
Ellis' modified rivet design in order to find
out specifically what changes had been made.
A copy of the Sales Request for Information
is identified as “Ellis Exhibit 4”. (Koza,
ER 20:3-8).
17. Mr. Ellis, in response to Unistrut's
interest in the partially tapered shank
design, proceeded to prepare a Manufacturing
Drawing for the production of prototypes
based on the partially tapered design, which
Mr. Ellis completed on October 5, 1992. The
Manufacturing Drawing which Mr. Ellis
prepared is identified as ”Ellis Exhibit 15”.
(Ellis, ER 9:12-16).
18. Mr. Koza, pursuant to Mr. Rayne's
request, contacted Mr. Ellis[,] who advised
Mr. Koza of the partially tapered shank
design and also showed Mr. Koza a drawing of
the partially tapered shank design which Mr.
Ellis was preparing, from which Mr. Koza
App. 7
Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: November 3, 2007