record page 170). And he also states that he made the first prototype in August
or September of 1996 (Powell Record, pages 177 to 178).
23. Mr. Schramm testifies (Bernardy Record page 8, emphasis added):
Before July of 1996, Mr. Bernardy had under Confidentiality,
shown me several blade designs, some based on his own US
Patent issued in 1994 that I was aware of, but also drawings
and prototypes of new developments, which he felt could
further improve his previous design.
Some of the new prototypes had externally mounted axial shredding
elements, while others had integrally formed axial shredding
elements which were pressed out of the original disk flats.
The resultant openings through the blade were distal and the
outwardly flared axial shredding elements were proximal to
the blade center with a centrally inclined base line.
Mr. Bernardy later became aware of a US Patent issued in
March 1999 to a Mr. Robert A. Powell, which he showed me
and which I have read. To the best of my knowledge and
understanding, there was no significant structural difference
between one of the earlier designs I already saw in Mr.
Bernardy's shop in 1996 and the description and claims of
the US Patent issued to Mr. Powell.
24. The junior party has filed a document signed by Mr. Ronald Thompson and dated
September 1996 (Bernardy Record page 11).
25. The Thompson document (Bernardy Record page 11) reads in pertinent part:
This statement will attest to the fact that I witnessed a blade
testing procedure involving a novel brush cutting and
shredding blade, then called the 'SIMPLAR SHREDDER
BLADE' and invented by Mr. Eckhard Bernardy ... The tests
were conducted during the month of September of 1996, at
the'SIMPLAR Co.'. . .
I have examined the US Patent 5 875 700, issued to Mr.
Robert A. Powell and specifically the drawings illustrative of a
brush cutting blade within this patent document and I hereby
attest that they are in every key aspect an accurate reflection
or identical copy of the'SIMPLAR SHREDDER BLADE'
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