GODDARD v. GAMBARO - Page 12




                           7.     Goddard Controller Model 6                                                          
                    Goddard began design and construction of yet another model, controller Model 6, on                
             about March 5, 1989.7   (Goddard=s Brief, p. 7, Goddard Declaration, & 17; Champion                      
             Declaration, & 13, emphasis added).  This Model 6 is said to have Ahad a grippable portion to            
             permit the controller device to be held in one hand with the thumb free to move among keys               
             clustered in a concavity to enter information into the controller to control and use the television      
             or other electronic device.@  (Goddard=s Brief, p. 7).  A picture of Model 6 is provided as Exhibit      
             J6.                                                                                                      


                           8.     Goddard Controller Model 7                                                          
                    Goddard designed and began to make controller Model 7 on about March 10, 1989.8                   
             (Goddard=s Brief, p. 8, Goddard Declaration, & 18; Champion Declaration, & 14, emphasis                  






                    7 Goddard=s brief does not appear to have provided a exact date of completion for the             
             construction of his Model 6 controller.  Goddard=s notebook page 37 having a heading date of             
             March 5, 1989, however, does state AYes, Model #6 finally demonstrates the power of the                  
             original concept.  It will give a vivid demonstration of the >World at your Fingertips.=@ (Exhibit       
             J19).  Furthermore, the declaration of Mr. Jeffrey S. Caldwell verifies that the photograph              
             depicted in Goddard Exhibit J6 was taken in early 1989.  (Caldwell Declaration, &4).                     
                    8 Goddard=s brief does not appear to have provided a exact date of completion for the             
             construction of his Model 7 controller.  Goddard=s notebook page 50 having a heading date of             
             March 10, 1989, does state Ablock is too moist; so the crude form of Model #7 must dry till              
             tomorrow.@  (Exhibit J20).  Furthermore, the declaration of Mr. Jeffrey S. Caldwell verifies that        
             the photographs depicted in Goddard Exhibits J7 and J8 were taken in early 1989.  (Caldwell              
             Declaration, &4).                                                                                        


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