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

internal components and the need to provide convenient use by the handlerof such tools. (FF 167-70).In keeping with this latter proposition, I find that the designs of thecordless 4" disc grinder, the corded 4" sander grinder, and the 7" and 9"angle grinders and the 9.2V and 9.6V battery cartridges are such that thereare a very limited number of designs available for these categories ofpower tools. Mr. Bartlett knew of no cordless 4" disc grinder on themarket with an alternative design.His testimony concerning alternativedesign possibilities was quite limited and unpersuasive. (FF 220). Inconnection with the corded 4" sander grinder, Mr. Bartlett admitted thatthe motor housings on such tools tended to have similar housing diameters,because the motor housing acts as a handle. (FF 220). The record alsoshows that there are U.L.regulations governing the on/off switch and wheelguard design for this tool. (FF 171). Moreover, a visual examination ofall of the exemplars in evidence for the 4" sander grinder and the 7" and9" angle grinders shows that all, including the non-respondent exemplarscited by Mr. Bartlett as offering alternative designs, are quite similar.In the case of the 7" and 9" angle grinders, two of the four exemplars ofalternative designs are not'even applicable, as they are single-insulatedtools with metallic housing, as compared to the double insulated models ofcomplainants and respondents.It is clear from the evidence that thefunctional aspects of these tools dictates a great deal of similarity indesign. (PP 220).The battery cartridges also offer very limited design alternatives.Mr.Bartlett identified the parallel arrangement of cells used by Hakita as oneof the very few possible arrangements for such battery packs. (FF 176,205