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

218). Moreover, the alternative designs proposed by Mr. Bartlett were allpurely functional and dealt with the rib used on one side of the Makitabattery pack to insure proper insertion of the battery pack into thebattery charger. (FF 185-93, 219). Other non-respondent, non-accusedbattery packs use similar ribbing for this purpose. (FF 177). To theextent the Makita battery packs may not benon-functional, theycertainly represent one of the very limited design choices. (FF 174-94,218-19).4. Are Not the Result ofa t i v e l v S-le or C h w Heaod of Manufact= . With the exceptionof the battery cartridge here at issue, complainants' designs are not theresult of comparatively simple or cheap methods of manufacture.Again, Icredit Mr. Bartlett's testimony in this regard over that of Dr. Jones,because of his more intimate experience vith product costs in thisindustry.(FF 204-10).It is clear that certain design features could bechanged, at least minimally, on all of the categories of tools at issue, atcomparative or lesser cost than the cost of making the Makita tool. (FF211-20). The one exception is the battery cartridge. The record showsthat the parallel arrangement of the Makita battery pack is a comparativelysimple design.(FF 183).Dr. Jones' testimony that this design is cheaperto manufacture than the bulbar types found on some competitive tools iscredible and,is uncontradicted by the testimony of Mr. Bartlett. (FF 184).5.- . In view of the above, I findthat the designs of complainants' tools at issue are notJvEafunctional, with the exception of the designs of the 4" sander grinder, the7" and 9' angle grinders and the Makita battery cartridges. Each of thesaid grinders is revealed by the evidence to represent one of a very206