Interference No. 104,313
Sauer Inc. v. Kanzaki Kokyukoki Mfg. Co., Ltd.
What Sauer has done in Exhibit 2119 is to label the first and second surfaces of
the second leg opposite to how they are recited in the count, in an attempt to show
that the motor mounting surface is on the second surface of the second leg, as
recited in the count. In reality, the motor mounting surface of the center section in
Exhibit 2119 is the first surface of the second leg, i.e., the surface facing the pump
mounting surface.
The motor mounting surface 73 is not necessarily the first surface of the second leg. However,
we agree with Kanzaki that surface "73a" cannot be the first surface of the second leg recited in
the count, as is explained above. Because the drawing does not illustrate or otherwise reveal
each feature of the count, we need not reach the issue of whether the drawing is sufficiently
detailed for one with ordinary skill in the art to construct the device.
For the foregoing reasons, Sauer has failed to establish that Kanzaki derived the invention
of the count from Sauer.
Judemen
it is
ORDERED that judgment as to the subject matter of the count is herein entered against
junior party JOSEPH E. LOUIS and ALAN W. JOHNSON;
FURTHER ORDERED that junior party JOSEPH E. LOUIS and ALAN W. JOHNSON
is not entitled to its involved patent claim I which corresponds to the count;
FURTHER ORDERED that senior party HIDEAKI OKADA is not entitled to claim 9
of its involved application, which corresponds to the count;
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