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Certain Electric Power Tools, Battery Cartridges, and ... - USITC

Certain Electric Power Tools, Battery Cartridges, and ... - USITC

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184. Mr. Jones, respondents' expert, testified that the columnarbattery packs (such as Makita, Black <strong>and</strong> Decker <strong>and</strong> Ryobi) are cheaper tomanufacture than those with bulb configurations. (Jones, Tr, 3245, 3242,3231, 3233, 3235 <strong>and</strong> 3240). Mt. Bartlett's testimony as to comparativecosts does not conflict with that of Mr.Jones, as he limited histestimony as to comparative costs to the cost of the Sub-C cells withinthe battery pack.He testified that Sub-C cells are st<strong>and</strong>ard in sizethroughout the industry <strong>and</strong> would not cost any different in a 2-4configuration than in a 2x2~2 configuration, if from the same supplier.He specifically did not address whether the battery pack would be moreexpensive to make in the 2-4 Configuration than in the 2x2~2configuration. (Bartlett, Tr. 1990-921:185. Mr. Bartlett, complainants' design expert, when asked totestify concerning the distinctiveness of the Hakita battery cartridge,referred to the vertical rib on the negative side of the batterycartridge. (Bartlett, Tr. 1610).186. The vertical ribs are different between the 9.6V <strong>and</strong> 7.2Vcartridges. The rib on the 9.6V cartridge is much narrower than the oneon the 7.2V cartridge. (CPX 213 <strong>and</strong> 241A). The ribs are designed sothat the cartridges cannot be inserted into the wrong chargerinadvertently. (Bartlett, Tr. 1610). The ribs also are designed to fitthe cartridge properly into the power tool <strong>and</strong> the charger.Tr. 1614).- -(Bartlett,187. Mr. Bartlett also testified that the Makita chargers <strong>and</strong>batteries, are not interchangeable with those of any of the non-respondents. (Bartlett, Tr. 1610).58

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