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 NextLast modified: November 3, 2007