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

188. This latter testimony of Mr. Bartlett (FF 187) is erroneous.The rib on the Ryobi 7.2V battery is quite similar to that of the Makitabattery cartridge.It will fit in and operate the Makita 7.2V cordlessdrill. (RXP 362B operates CPX 228; Hattori, Tr. 880; Unopposed RPF 655).The Ryobi 7.2V battery pack is almost identical in outward appearance tothe Makita 7.2V battery pack.(Compare Rxp 362B to CPX 241A).189. Mr. Bartlett, in testifying that alternative designs wereavailable to respondents, indicated that any kind of slot, rib, or otherstructure which would key respondents' cartridges to their tools andchargers in a different manner, so as to make them non-interchangeablewith complainants' tools and chargers would represent an alternativedesign. (Bartlett, Tr. 1615).190. The rib on the Makita battery pack provides protection to thecustomer in that the charger is designed to be used with this particularbattery pack and cannot be inadvertently mixed and create a problem.(Bartlett, Tr. 1610).The rib also makes it impossible to insert thebattery cartridge into the charger in the wrong way. (Compare CPX 213and 241A with CPX 184 and 210).191. Thus, Mr. Bartlett's testimony is to the effect that the ribwhich keys the Makita battery.pack to Hakita's tools and chargers is thedistinctive feature of the Wita battery pack. (PF 185-87, 189, 190).192. Mr'. Bartlett's primary concern with the design of respondents'battery cartridges was the .fact that they were interchangeable withcomplainants' tools and chargers.(FF 185-87, 189: CPF F69).193. There are no U.S. or international standards to regulate the59