Ex Parte POWELL - Page 12




                             A. I looked at a ske ch, and that's about it.                                                               
                             Q. Do you know whether the sketch you looked at had all                                                     
                                      of the elements that that prototype had that you saw in                                            
                                      February of 1997?                                                                                  
                             A. I don't remembe I r that.                                                                                

             32. Mr. Andrew J. Feucht 11, the president of Voight Enterprises, (Bernardy Record                                          
                     page 9) testifies:                                                                                                  
                             On March 12th, 1997 a I nd on March 13", 1997 and on March                                                  
                             14 1h, 1997, at the annual PORTLAND WOOD TECHNOLOGY                                                         
                             CLINIC & SHOW, held lat the OREGON CONVENTION                                                               
                             CENTER of PORTLAND Mr. Eckhard (Eyck) Bernardy,                                                             
                             owner of SIMPLAR TM CO, publicly did display examples of                                                    
                             his SIMPLAR SHREDD I ER Tm brush blade, as well as a                                                        
                             narrated video showing the blade in use and a promotional                                                   
                             flyer, including text and a realistic artistic rendering of the                                             
                             above brush blade, through Mr. and Mrs. Robert Powell,                                                      
                             owners of PERFORMA I NCE QUALITY SAW SHOPS, INC.                                                            
                             who were acting as pro ' motional agents on behalf of Mr.                                                   
                             Bernardy and his SIMP I LAR TM CO product...                                                                
                             The attached photocopy of the promotional flyer, labeled                                                    
                             EXHIBIT 1 0/b is a true land correct copy of the original                                                   
                             promotional flyers distrikuted publicly during the above cited                                              
                             days of the PORTLAN6 WOOD TECHNOLOGY SHOW &                                                                 
                             CLINIC.                                                                                                     
             33. The flyer which was displayed at the March 14, 1997 Portland Wood Technology                                            
                     Clinic and Show is attached to the affidavit of Mr. Feucht (Bernardy Record page                                    
                     10).                                                                                                                
             34. This flyer illustrates a blade disc having the characteristics of the improved design                                   
                     (blade of the count) including openings that are formed by the cutting segments                                     
                     which are outward of the junct Le formed- by the cutting element.                                                   



                                                                  12-                                                                    






Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next 

Last modified: November 3, 2007