our opinion that the junior party has failed to establish conception of an embodiment
within the counts in 1994.
In his brief, the junior party argues:
Bernardy has a witnessed sketch and description in a bound
and numbered invention log, substantially predating any
claimed invention date by Powell.
The evidence is found in Exhibit No. 2007 of Bernardy and
constitutes Bernardy's first documented proof of having
conceived the invention. A comparative analysis of the
evidence reveals that Exhibit No. 2007 satisfies both Count 1
and Count 2 in reference to the drawing of Powell's patent
5,875,700 ... [Bernardy Principal Brief pages 19-20]
In regard to the formation of the cutting segments, the junior party argues:
A question arises at this point: does "formed out of the disk
body" mean narrowly, "formed out of the disk body from
native disk material?" If so, then the drawing of Exhibit No.
2007 by itself does not completely comply, because the
cutting segments are attached by rivets, rather than extruded.
However, the effective functioning of the cutting segment is
not dependent on this particular mode of construction.
Moreover, the descriptive text accompanying Exhibit No.
2007 specifically states: "FASTENED BY RIVETS OR
PRESSED". The word "PRESSED" can in the given context
mean only one thing "formed out of the disk body" from native
material. [Bernardy Principal Brief page 201
Exhibit 2007 (Bernard Record page 13) contains the heading "Blade Improvement." It
also contains a sketch which appears to depict a circular blade with cutting segments
riveted onto the blade disc body. The page also includes the words "Fastened By
Rivets or Pressed." The drawing is witnessed by Ron Wooping and is dated July 12,
1994.
-21-
Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: November 3, 2007