tested by Mr. Bernardy, and witnessed by myself during the
time period and at the location stated above.
26. The junior party in his preliminary statement (Paper No. 26) states that the first
time the invention was communicated to Mr. Robert Powell was November
20,1996.
27. Mr. Bernardy states in his affidavit (Bernardy Record page 2) that he presented to
Mr. Powell a set of SIMPLAR Design & Manufacturing Specifications which he
believed to be within the scope of the '570 patent but which later became the
basis of the "936 application (Bernardy record page 3).
28. At some point in 1996, Mr. Bernardy became unhappy with the performance of
Mr. Powell in forming teeth for the blades and began looking around for someone
else to form the teeth for the blades (Bernardy Record page 3).
29. On December 4, 1996, SIMPLAR sublet a job to BBC Steel Corp related to
forming blades (Powell Record at page 169; Bernardy Record page 41).
30. The junior party has also submitted the affidavit of David Egbert (Bernardy
Record page 6) which states:
2. During February of 1997 1 was approached by Robert
(Bob) Powell the owner of Performance Quality Saw Shops,
Inc. of Camas, who related a work project involving a novel
brush shredding blade invented by a Mr. Bernardy and for
which Mr. Powell had accepted the job of cutting peripheral
teeth.. . .
4. Mr. Bernardy came to my facility on the day Mr. Powell
started cutting teeth and Mr. Bernardy was introduced to me
by Mr. Powell as the inventor of the novel brush blade, then
referred as the SIMPLAR Shredder Blade. I was shown a
prototype of the blade. Mr. Powell was to perform the tooth
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