Appeal No. 2004-0575
Application 09/206,005
representatives of Ford Motor Company on July 8, 1994 to discuss
a transmission oil cooler for one of Ford’s upcoming product
lines. At that meeting, Mr. Spiegel produced a sketch of a
proposed transmission cooler-bypass unit (Exhibit A of the § 132
declaration), and subsequently contacted Mr. Chris Kargula,
another Form Rite engineer, to review the sketch and determine
feasibility (Exhibit B). Notations on the sketch indicate that
Ford was seeking feasibility approval by July 13 and requested
200+ prototypes by August 23. On July 15, 1994, Mr. Kargula
produced the engineering drawing attached as Exhibit C to the §
132 declaration, which drawing (EXP-1964-MS) essentially shows
all details of the transmission cooler-bypass unit in the exact
same manner as Figure 1 of the present application. That drawing
carries an indication that it is the “CONFIDENTIAL PROPERTY OF
FORM RITE CORP” and notes that any use, reproduction or
redistribution thereof without written authorization from Form
Rite Corp is “STRICTLY PROHIBITED.”
A document which appellant characterizes as an “informal
request for prototypes” was provided by Al Craig, a Ford
engineer, on August 26, 1994 (Exhibit E), and followed by a
“formal request for prototypes” on August 31, 1994 (Exhibit F).
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