Appeal No. 2004-0575
Application 09/206,005
In the “informal request” (Exhibit E), Mr. Craig indicates that
he wants to “order 10 prototypes ASAP” pending clarification of
the design, and notes that his need is “URGENT.” The “formal
request” (Exhibit F) is for 10 banjo assemblies apparently as
referenced in Form Rite’s drawing EXP-1964-MS (Exhibit C), and
indicates as a purpose “Test and evaluate a prototype cooling
circuit bypass valve for use on the E400 transmission.” The
“DATE REQUIRED” indicated on the “formal request” is Sept. 14,
1994. In the lower lefthand corner, the “formal request” also
indicates an estimated cost of “$700.00 EACH” for the banjo
assemblies. In addition, a hand written notation appears on the
“formal request” and reads “Customer Charge $700 x 10 PCS. =
$7,000.”
The § 132 declaration further indicates (page 2) that 12
prototypes were assembled and sent to Ford for evaluation during
the week of October 12, 1994. An informal engineering estimate
indicating a future unit price of $10.59 and estimated tooling
costs of $253,215.00 was sent to Ford on December 21, 1994
(Exhibit H), and on February 7, 1995, a more detailed “piece
price estimate” was sent to Mr. Craig at Ford (Exhibit J).
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