GODDARD v. GAMBARO - Page 11




             Declaration, & 15; Champion Declaration, & 11, emphasis added).  This model is said to have              
             provided a larger thumb pad concavity centered above the grip.  (Goddard=s Brief, p. 7, Goddard          
             Declaration, & 15; Champion Declaration, & 11).  A photograph of controller Model 4 is                   
             provided as Goddard Exhibit J5.                                                                          


                           6.     Goddard Controller Model 5                                                          
                    Design and construction of controller Model 5 is said to have begun on March 2, 1989.6            
             (Goddard=s Brief, p. 7, Goddard Declaration, & 16; Champion Declaration, & 12, emphasis                  
             added).  Model 5 is described as having a deeply dished thumb pad to minimize thumb flexion              
             when touching buttons near the center.  (Exhibit J18).                                                   














             of paper with a date of February 23, 1989.  Furthermore, the declaration of Mr. Jeffrey S.               
             Caldwell verifies that the photograph depicted in Goddard Exhibit J5 was taken in early 1989.            
             (Caldwell Declaration, &4).                                                                              
                    6 Goddard=s brief does not appear to have provided a exact date of completion for the             
             construction of his Model 5 controller.  Goddard=s notebook page 31, dated March 2, 1989 does            
             state AModel #5, the first 2-finger trigger model, is now about finished and has been quite              
             illuminating.@  (Exhibit J18).                                                                           


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