Exhibit 2007 does not conform to the requirements of 37 CFR § 1.653(i) nor has it
been authenticated in accordance with Fed. R. Evid. 901. As such this document is not
admissible in this proceeding.
However, even if Exhibit 2007 were admissible, Exhibit 2007 does not depict
openings formed by the cutting segments. The junior party argues that the word
"pressed" indicates an alternative embodiment to the one depicted in Exhibit 2007 in
which the cuffing segments are formed by pressing out of the disk body. However, there
is no definition for pressed on Exhibit 2007, Bernardly has failed to direct us to evidence
that would sufficiently demonstrate that the word "pressed" could only mean that the
cutting segments were formed by pressing out of the disc body. The word "pressed"
could refer to a method of fastening the cutting segments. For example, the word
11pressed" could refer to a process in which heat and pressure is applied to attach the
cutter segments to the disk body, such as the welding process which is used in the '570
patent (col. 7, lines 65-66). In that case, there would be no openings formed. Note, that
Bernardy Exhibit 2007 includes the words "Fastened By Rivets or Pressed," indicating
that the cutting segments are fastened by pressing, and not "formed" from the disc body.
In addition, even if Exhibit 2007 did disclose that the segments are pressed out
of the disk body, Exhibit 2007 still does not disclose that the openings that would
thereby be formed would be radially outward of the juncture of the cutting segments and
the disk body as required by both counts. Instead, Exhibit 2007 shows cutting
segments that are disposed radially inward of the juncture of the cutting segments and
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Last modified: November 3, 2007