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

differentiate respondents' battery packs would represent an alternativedesign. (FF 189).219. The rib on the Makita battery cartridges is a functionalfeature which insures that the battery will be placed in the batterycharger in the proper manner. (FF 185-87, 189-93).220. The evidence also indicates that available alternative designsfor certain other of the tools at issue are quite limited. Mr. Bartlettknew of no cordless 4" disc grinder on the market with an alternativedesign.He stated that there "are no non-Respondents' tools that I amaware of on the market which would perform this same function."(Bartlett, Tr. 1587)He suggested some alternative design changes, suchas a different arrangement of battery *cells in the battery pack or adifferent ribbing on the battery pack, or a different shape for the motorhousing. (Bartlett, Tr. 1589). However, the Tochiado model (CPX 277)does have a square shaped motor housing, rather than the rounded housingsuch as Makita's(CPX 259) and this was not sufficient to satisfy Mr.Bartlett as constituting an alternative design. (Bartlett, Tr. 1587-89).The corded 4" sander grinders and the 7" and 9" angle grinders alsoappear to offer limited possibilities as to alternative designs.Theexemplars of alternative design introduced in evidence all bear strikingresemblance in overall design to the tools of Makita and the respondents.(CPX 114, 120,-146, 162, 115, 121, 127, 154, 12, 13, 10, 11, 35).Mr.Bartlett noted in his testimony with regard to the 4" sander grinder,that these tools tend to have similar housing diameters because the motorhousing acts as a handle. (Bartlett, Tr. 1907). In the case of the 7"and 9Iq grinders, aside from the very close similarity in appearance, the65