ELLIS et al. vs. HENRY - Page 21



          Interference No. 103,414                                                   


                    revised an earlier blue print drawing to                         
                    reflect Mr. Ellis' modification, which Mr.                       
                    Koza completed on October 7, 1992.  Mr.                          
                    Koza's blue print drawing is identified as                       
                    “Ellis Exhibit 18”.  Mr. Koza then forwarded                     
                    this drawing to Mr. Rayne that same day,                         
                    which is identified as “Ellis Exhibit 4”.                        
                    (Koza, ER 20:9-21:1).                                            
                    19.  On October 5, 1992, Mr. Ellis sent an                       
                    in-house correspondence to Mr. Vickers to                        
                    have a work order issued based on the                            
                    drawings of the partially tapered shank that                     
                    Mr. Ellis had prepared.  Mr. Ellis'                              
                    handwritten in-house correspondence to Mr.                       
                    Vickers is identified as “Ellis Exhibit 16”.                     
                    (Ellis, ER 9:17-21).                                             
                    20.  On October 5, 1992, Mr. O'Rourke                            
                    received a faxed message from Mr. Wright of                      
                    Unistrut asking for a revised quotation on                       
                    the tapered rivet for volume purchasing,                         
                    indicating that Unistrut was satisfied with                      
                    the product, which is identified as “Ellis                       
                    Exhibit 5".  Mr. O'Rourke forwarded the                          
                    request to Southco on October 6, 1992[,]                         
                    which is identified as “Ellis Exhibit 6”.                        
                    (O'Rourke, ER 3:16-21).                                          
                    21.  On October 6, 1992, Mr. Rayne received                      
                    the memorandum from Mr. O'Rourke, requesting                     
                    a Southco drawing as well as an updated quote                    
                    for Unistrut if there is a cost difference in                    
                    the tapered rivet design.  (Rayne, ER 18:3-                      
                    7).                                                              
                    22.  On October 8, 1992, Mr. Rayne sent a                        
                    revised quote together with a revised drawing                    
                    in relation to the tapered rivet design to                       
                    Mr. Wright at Unistrut.  Copies of the                           
                    revised quote and drawing are identified                         
                    respectively as “Ellis Exhibits 17 and 18”.                      
                    The revised drawing of the tapered rivet was                     
                    prepared by Mr. Roza based on the information                    
                    from Mr. Ellis.  (Rayne, ER 18:8-15).                            
                    23.  On November 17, 1992, Mr. O'Rourke                          
                    received a telephone order from Unistrut,                        
                    which Mr. O'Rourke believes was from Mr.                         
                    Wright, for 50,000 of the tapered rivets.                        
                    Mr. O'Rourke's handwritten memorandum of that                    
                                        App. 8                                       



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