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A “Toolbox” for Forensic Engineers

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404 <strong>Forensic</strong> Materials Engineering: Case Studies<br />

Flanged monocoque<br />

mower<br />

Flanged plat<strong>for</strong>m<br />

mower<br />

A A<br />

B<br />

B<br />

Figure 13.13 Stage 2 of development of flanged monocoque lawnmower.<br />

molding cycle. This means that reentrant angles cannot be used in<br />

the shell design. So how is the monocoque divided? The various<br />

options are shown in Figure 13.13, Figure 6, by two possible dividing<br />

lines. Option AA is feasible while BB is not because of the reentrant<br />

properties of the external flange. A gate situated in the center of each<br />

part would represent the best design solution.<br />

9. Option AA gives the model shown in Figure 13.14; stage 3 (top),<br />

which itself could be further modified by moving the bond line so<br />

that the external flange is incorporated into the shell, as shown in the<br />

lower part of the figure. In the opinion of the independent expert,<br />

this design option would have been obvious to any designer working<br />

be<strong>for</strong>e the priority date of the B&D patent.<br />

As is the practice in all actions, the expert evidence was exchanged be<strong>for</strong>e<br />

trial so that both sides could see what arguments would need to be developed<br />

and explored. The expert <strong>for</strong> Black & Decker, a distinguished design engineer,<br />

generally supported a wide interpretation of the patent-in-suit with the two<br />

Flymo mowers indeed infringing claim 1 (and probably other claims as well).<br />

As is also common in many patent actions, the parties did not meet to discuss<br />

their positions, and focus on the points of agreement and disagreement. It

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