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

interchangeability of battery packs and chargers.(CXA 11, BartlettW.S., at 26; Unopposed RPF 634).194. Complainants' counsel has cited to the fact that the Black 6tDecker 7.2V battery cartridge is shorter than the Makita 7.2V cartridgeas a distinguishing design characteristic. (Oral Argument, Tr. 3835).The Black and Decker cartridge (RXP 250B) is only 1/8 inch shorter thanthe Makita cartridge (CPX 241A). This is hardly a noticeable,distinguishing feature.195. There is a relationship between the shape of the handle of thecordless tool and the shape of the battery pack, in that the handle isthe container for the battery pack. (RXP 416, Griffin Dep., at 836).196. The handles of the Black and.Decker, Ryobi, Sears and Stanleycordless drills which utilizedbattery packs with 2x2~2 columnarconfigurations have a similar appearance to the handles of the Makitacordless drills. (Compare RXP 250, 362, 205, and CPX 142, with CPX 180and 228).197. Non-respondent Ryobi holds a design patent on the design of its7.2V cordless driver drill -- RXP 362. (RXP 35). The patent applicationon U.S.Patent No. Des. 279,957, was filed on October 31, 1983, and thepatent issued on August 6, 1985. (RXP 35). The design of the Ryobi 7.2Vdriver drill is quite similar to the design of Makita's 9.6V cordlessdriver drill-. -(Compare RXP 362 with CPX 43).Color198. ( CC1160