added). Pictures of controller Model 7 are provided as Exhibits J7 and J8. According to the
brief, Model 7 possessed a large pistol grip with eleven keys in addition to the thumb pad
concavity. (Goddard=s Brief, p. 8).
According to Goddard=s Brief, each of the Models had a housing with a grippable portion
to allow the device to be held in one hand. Further, when held, the thumb was free to move to
various predetermined key-actuation positions. It is also alleged that there was a concavity in
the housing of each model holding key positions or keys where horizontal and vertical
movement and thumb pressure could select the keys. From this, Goddard concludes that by at
least March 10, 1989 he had built and demonstrated hand-held devices for entering information
into an electronic system via a keyboard. (Goddard=s Brief, p. 8). The brief does state, however,
that Athe ultimate commercialization of the invention will use conventional chips on circuit
boards that are commercially available and will use conventional key structures.@ (Goddard=s
Brief, p. 9).
The testimony and photographs submitted in Goddard’s Record are inconsistent. For
instance, the declarations of Goddard and Champion state:
Within the concavity there was a thumb-associable cluster of keys
forming a keyboard, and each of the keys was selectively actuated
using lateral and slight endo translations of the thumb within the
concavity. Each of Models A1, 1, 2, 3, 4, 5, 6 and 7 demonstrated
these features.
(Goddard Declaration, & 20; Champion Declaration, & 17). Yet the declarations also state:
“There was a concavity in the housing of each model holding key positions or keys where the
keys could be selected by horizontal or vertical movement and thumb pressure.” (Goddard
Declaration, & 19; Champion Declaration, & 15, emphasis added).
According to the declarations and representations of Goddard’s counsel at oral hearing,
Models A1, 1, 3, 4, 6 and 7 are shown in photograph exhibits J1-J6. The photographs, with the
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