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

and cost of the polycarbonate material used for such housings "constitutean insignificant additional cost -- increase or decrease in the cost ofthe product." (Bartlett, Tr. 1764-65).215. Mr. Bartlett also testified that changes in the configurationof the housing would have a very minor effect on the manufacturing of thetool. (Bartlett, Tr. 1765).216. Accordingly, it is Mr. Bartlett's testimony that the externalconfiguration of respondent's tools could reasonably be changed, atlittle or no cost, so that they would not resemble Makita's tools.(Bartlett, Tr. 3531-42, 1757-64; CPX 286B, 2871) and 2883).217. Dr. Jones testimony, on the other hand, is to the effect thatthe Makita designs are superior, both .as to use and as to cost.Hecriticized Mr. Bartlett's examples of alternative design as inferior inboth respects. (RXC 2027, Jones W.S., at 28-33). He testified also thatthe housing fabrication cost of a 3/8"VSR drill would vary from $20 to$25 based on the fabrication technique. (Jones, Tr. 3214, 3442).218. Insofar as Mr. Bartlett maintains that alternative designs areavailable for battery cartridges, the record reveals that the range ofsuch alternatives is quite narrow. The parallel arrangement of the Sub-Ccells used by complainants and respondents represents one of the very fewpossible arrangements for such battery packs. (Bartlett, Tr. 1897). Asfor alternaiite designs available where such parallel arrangement isused, Hr. Bartlett can only .cite to changes in the vertical rib on theone side of the Makita battery packs as representing alternative designs.He indicated that any kind of slot, rib or other structure which would64