Interference No. 104,316
Sauer Inc. v. Kanzaki Kokyukoki Mfg. Co., Ltd.
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 2226 is not generally L-shaped as is requiredby the count. While both Mr. Joseph Louis
and Mr. Alan Johnson in their respective declarations refer to the structure shown in the upper
right hand figure of Exhibit 2226 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
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