Interference No. 104,316
Sauer Inc. v. Kanzaki Kokyukoki Mfg. Co., Ltd.
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 2226, 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 2226 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 first surface of the second
leg extending at right angles away from the first surface of the first leg. 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.
Note that the "right angle" writing placed on the figure by Sauer and referring to the
bottom or first surface 73a of the second leg 75 and the first surface 72 of the first leg 74 actually
shows a right angle only between the edges of the two surfaces rather than to the two surfaces
themselves as it should if the figure satisfies the corresponding feature of the count. An edge, of
course, does not qualify as a surface.
Sauer in its brief offers no explanation whatsoever as to why it is that any figure in
Exhibit 2226 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 2226 the first surface of the
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