an exclusive Bernardy creation and provided to Powell for a
March 1997 trade show. [Bernardy Principal Brief page 221
The flyer of Exhibit 2004 depicts what is titled the Simplar Shredder. The flyer
depicts a blade that has all the elements of the counts. The blade has cutting
segments that are formed out of the disc body and are positioned radially outward of the
center mount. The segment has a generally curved triangular shape with three sides
with one side unsevered and forming a juncture with the disk body. There is an opening
formed by each segment which is through the disk body and radially outward of the
juncture. Each cutting segment has a leading edge with cutting teeth on the edge for
cutting in the direction of the rotation. There are three cutting segments and the juncture
is inclined from trailing end to leading end radially outward.
We find that the testimony of Feucht with the accompanying flyer establishes a
blade meeting the limitations of the counts was in existence as of March 12 to 14 of
1997.
However, the affidavit and flyer do not establish reduction to practice of the
invention of the counts by the junior party as of March 1997, because neither Feucht nor
the flyer attributes the reduction of practice of the blade being promoted to the junior
party.
The record also indicates that the senior party and junior party were involved in a
business enterprise in which the senior party was to perform the operation of cutting
teeth. At the trade show in March of 1997, the record indicates that both the junior party
and the senior party were promoting the sale of the blade of the counts. In addition, the
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