cutting on Mr. Bernardy's blade stock. Mr. Powell made no
invention claims at the time.
5. 1 have reviewed the Patent 5,875,700 later issued to Mr.
Powell and it has all of the elements of the early prototype of
the blade shown to me in February 1997. At the time, I was
told so by Mr. Powell and 1 had no reason to doubt that Mr.
Bernardy was the true inventor of the blade.
31. Mr. Egbert testifies that he reviewed the '700 patent and saw early prototypes of a
blade in February of 1997 which had all the elements of the '700 blade. However,
on cross examination (Powell Record page 146 to 149), he states:
Q. My first question to you is, is everything in this affidavit
100 percent true and correct?
A. No ....
Q .... do you recall Bob Powell introducing Mr.
Bernardy as the inventor of the blade?
1 . Yes.
Q. Did they have a blade with them?
A. Yes.
Q. Was it considered a prototype of the blade?
A. As far as I know.
Q. Can you describe what you saw?
A. All I saw was a flat blade, at that time.
Q. And they had no things flipped up like this (indicating)?
A. No. Not at the time.
Q. There were no, what we'll call, shredding elements
extending up from the bottom of the blade?
A. I don't remember. I saw some cuts on the blade.
Q. But no - they weren't flipped off, or there were no
teeth on them, that you recall?
A. I sure don't remember.
Q. So to the best of your recollection - am I correct in
saying that to the best of your recollection, the blade
you saw was a flat disk, and may or may not have had
some cuts in it?
A. It had cuts in it. But it was flat, at the time.
Q .... You say that you reviewed patent No. 5875700
A. I didn't review no patent.
Q. You did not review a patent?
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