Interference No. 104,314
Sauer Inc. v. Kanzaki Kokyukoki Mfg. Co., Ltd.
leg by the reference numeral 73. By that scheme, the first surface of the second leg is hidden
from view and located on the bottom of the second leg 75. Clearly, the first surface of the
second leg does not extend at right angles away from the first surface of the first leg as is
required by the count. What Sauer labels as a right angle does not refer to the right surfaces.
Two surfaces cannot form a right angle relative to each other unless they intersect over at
least a line segment. Here, as is designated by Sauer in Exhibit 2224, the first surface of the first
leg and the first surface of the second leg intersect, if at all, at most only at a point. It is evident
from the upper right hand figure in Exhibit 2224 that the first surface 72 of the first leg 74 and
the first surface (on the bottom and hidden from view) of the second leg are not sufficiently
related in positioning to be meaningfully characterized as having the former extending away
from the latter at a right angle. Sauer in its brief offers no explanation whatsoever as to why it is
that any figure in Exhibit 2224 should be read as revealing that the first surface of the second leg
extends at right angles away from the first surface of the second leg. We cannot locate even an
assertion in Sauer's brief to the effect that in the annotated figures of Exhibit 2224 the first
surface of the second leg extends at right angles away from the first surface of the first leg. The
first surface of the second leg is not even labeled with any reference numeral. It is apparent that
Sauer has neglected to account for this aspect of the subject matter of the count.
Additionally, we further find that the structure disclosed in the upper right hand figure of
Exhibit 2224 is not generally L-shaped as is required by the count. While both Mr. Joseph Louis
and Mr. Alan Johnson in their respective declarations refer to the structure shown in the upper
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