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").
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