Appeal No. 1999-0194
Application No. 08/436,626
Schuylkill River bridges, PennDoT (the Pennsylvania Department
of Transportation) had in place a policy entitled “Contractor
Alternative Design” (CAD) that allowed a contractor to
redesign, at his expense, a structure and use that design as
the basis for his bid, provided that the contractor’s proposed
design did not conflict with design standards already set in
place by PennDoT
(B6).4 The Conewago Creek bridge was bid using this policy
(B9). Appellant’s inventive precast diaphragms were submitted
as part of the winning bid and were accepted by PennDoT as not
being in violation of its design standards (B10). The
Conewago Creek bridge was placed in service in 1985 (B12). A
“revised version” of appellant’s invention was submitted as
part of a CAD in the winning bid for the Schuylkill River
bridge (B13). The Schuylkill River bridge was placed in
service in 1988 (B15).
4Throughout this decision, we will make reference to
paragraphs in the Bonstedt and Nagle declarations by the first
letter of declarant’s surname followed by the number of the
paragraph. Thus, B3 denotes paragraph 3 of the Bonstedt
declaration and N2 denotes paragraph 2 of the Nagle
declaration.
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