Interference No. 104,315
Sauer Inc. v. Kanzaki Kokyukoki Mfg. Co., Ltd.
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.
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 2225, 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 2225 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 one surface extending away
from the other surface at a right angle. The most that can be said, if at all, is that an outside edge
of the first surface of the second leg extends at right angles away from an outside edge of the first
surface of the first leg, and that is not sufficient, even under a broadest reasonable interpretation,
to say that the first "surface" of the second leg extends at right angles away form the first
"surface" of the first leg. While Sauer's annotation includes the wording "right angle" and the
illustration of a right angle, they are not directed toward the two surfaces at issue, i.e., the first
surface of the second leg which is on the bottom side of the second leg and hidden from view and
the first surface of the first leg.
Sauer in its brief offers no explanation whatsoever as to why it is that any figure in
Exhibit 2225 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 2225 the first surface of the
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