Ex Parte POWELL - Page 4





                               face view and laterally extended cutting section from an                                                    
                               edge view of the disk.                                                                                      
                       Count 2 of the interference is claim 2 of the '700 patent or claim 58 of the '936                                   
               application. Claim 2 of the '700 patent depends from claim 1 of the '700 patent. Claim                                      
               58 of the '936 application depends from claim 57 of the '936 application. Claim 2 of the                                    
               '700 patent and claim 58 of the '936 application are nearly identical, the differences                                      
               being in the respective independent claims. Claim 1 of the '700 patent as follows:                                          
                               A brush cutting blade as defined in count 1, wherein at least                                               
                               three segments are provided in said disk body, and said                                                     
                               juncture inclined from trailing end to leading end radially                                                 
                               inward.                                                                                                     
                       The following claims of the parties are designated as corresponding to count 1:                                     
                               Bernardy: 42, 45, 49, 50, 57, and 59                                                                        
                               Powell: 1, 3, and 4                                                                                         
                       The following claims of the parties are designated as corresponding to count 2:                                     
                               Bernardy: 43, 44, and 58                                                                                    
                               Powell: 2                                                                                                   
                                                          Findings of Fact                                                                 

               The '570 blade                                                                                                              

               1 . Eckhard Bernardy, the junior party, is the principal of Simplar                                                         
                       Company, Inc. ("Simplar").                                                                                          
               2. On July 24,1992, Eckhard Bernardy filed a patent application for a Compound                                              
                       Pruning and Shredding Blade which matured on November 8, 1994 into U.S.                                             
                       Patent No. 5,361,570 ("570 patent").                                                                                

                                                                   -4-                                                                     






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007