Interference No. 104,314
Sauer Inc. v. Kanzaki Kokyukoki Mfg. Co., Ltd.
right hand figure of Exhibit 2224 as a generally L-shaped member 48, neither provides any
explanation for that conclusion. In our view, no matter how the figure is rotated, the overall
structure cannot reasonably be deemed as "generally L-shaped." We are not persuaded by the
declaration testimony of Mr. Joseph Louis and Mr. Alan Johnson which offer no explanation for
their regarding the structural component 48 as generally L-shaped. In our view, the structure is
not reasonably close to having an L shape in appearance and so it is not generally L-shaped. No
particular interpretation is necessary, since the descriptive language is a common term out of the
English language. Sauer does not contend that it has given special meaning to the term or that
the term is a technical term of art in this field with a standardized conventional meaning.
In arriving at our conclusion regarding the "generally L-shaped" feature, we have not had
occasion to consider the testimony of Kanzaki's witness Mr. Roland von Kaler. Therefore, it is
not necessary to reach Sauer's argument that we should discredit the testimony of Mr. von Kaler.
We are simply not persuaded by the conclusory reference to a generally L-shaped member by
Mr. Alan Johnson and Mr. Joseph Louis on this issue, even without considering or relying on any
testimony of Mr. von Kaler and while giving the term "generally L-shaped" its broadest
reasonable interpretation. Note that Paragraph No. 42 in the Standing Order states:
Affidavits expressing an opinion of an expert must disclose the underlying
facts or data upon which the opinion is based. See Fed R. Evid. 705 and 37 CFR
§§ 1.639(b) and 1.671(b).
Opinions expressed without disclosing the underlying facts or data may be
given little, or no, weight. See Rohm and Haas Co. v. Brotech CoM., 127 F.3d
1089,1092, 44 USPQ2d 1459, 1462 (Fed. Cit. 1997) (Nothing in the Federal
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