FINAL DECISION
Introduction
This interference was declared on April 4, 2001. The junior party, Eckhard
Bernardy copied claims I and 2 from U.S. Patent No. 5,875,700 to Powell ( ... 700
patent") into application U.S. Serial No. 09/035,936 ( ... 936" application) which was filed
on March 2, 1998.
As the'700 patent was filed on November 17, 1997, Powell was accorded senior
party status.
Count 1 of the interference is claim I of the '700 patent or claim 57 of the '936
application. Claim 1 of the '700 patent reads as follows:
A brush cutting blade for mounting to a drive shaft manipulated by a
handle, said brush cutting blade comprising:
a circular disk having a disk body defining a plane and
having top and bottom sides and a peripheral edge, teeth
formed on the peripheral edge and defining a direction of
rotation of the disk for cutting, and a center mount for
mounting the disk to the drive shaft with the top side facing
the handle for rotatively driving the disk in the defined
direction of rotation;
at least one cutting segment formed out of the disk body
positioned radially outward of the center mount and radially
inward of the peripheral edge, said segment having a
generally curved triangular shape with three sides, one side
being unsevered and forming a juncture with the disk body
and the other sides extending from said one side radially
outwardly of the center mount severed from the disk body,
said segment deflected outwardly of the plane of the disk
body toward the bottom side of the disk body at an angled
orientation relative to the disk body between positions of co
planar and normal relative to the plane of the disk body and
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