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`8233 ~30
`
`SINGER & GOGER
`Susan 5. Singer, Esquire (2842)
`lll Mulberry Street
`Renaissance Tower
`Newark, NJ
`07102
`Telephone:
`(201) 302—1245
`Facsimile:
`(201) 596—9404
`
`\
`
`,,) w.,
`JUL '3 H73
`pa
`, fl/
`AT8:30.H.HU.HT.K?$M
`WILLIAM 11w L8H
`\CLERK,
`w-
`w.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`——————————————————————————————————— x
`
`TYCO INDUSTRIES,
`
`INC.,
`
`:
`
`Plaintiff,
`
`v.
`‘
`TINY LOVE, LTD. and
`THE MAYA GROUP,
`INC.,
`
`E Civil Action No. 95-1135
`:
`(MTB)
`:
`:
`
`------------------------------- x
`
`Defendants.
`
`.
`
`DECLARATION OF DEEEE QQEQEX
`
`I, Denny conley, declare as follows:
`
`EHEREBY CERTIFY thar the above and
`foregoing is a true and correct copy
`of the original on fileIn my office
`UNn:g3wfiE.l WCTCOURI
`
`
`
`1.
`
`I am employed by Paramount Industries,
`
`Inc.
`
`("Paramount"), as Director of Manufacturing and Engineering.
`
`Paramount has a place of business at 2475 Big Oak Road,
`
`Langhorne, Pennsylvania 19047.
`
`2.
`
`Paramount is a product development company
`
`offering engineering and design services and prototype
`
`manufacturing.
`Paramount actively engages in product development
`for many products,
`including toy products. Our toy product
`
`clients include: Walt Disney; Ertl Company; General Mills, Inc.;
`
`ARTSANA EXHIBIT 1009-1
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`ARTSANA EXHIBIT 1009-1
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`[21003
`
`Hasbro-Bradley Industries;
`
`Irwin Toy; Johnson a Johnson Consumer
`
`Products; Kenner Products; Mattel Toys; Kiddie Products; Lionel
`
`Trains; Little Tykes Co.; Milton Bradley Industries; Nylint Toy
`
`Co.; Ohio Art; Galoob Toys; The Original San Francisco Toymakers;
`
`Parker Brothers; Playmates; Today's Kids; Toy Biz: Sega, America;
`
`and Yes Entertainment.
`
`3.
`
`I have been employed by Paramount since
`
`May of 1994 and have held my current position since
`
`September of 1994.
`
`I have worked as a design engineer for over
`4.
`thirty—five years, and in that time,
`I have accumulated
`considerable experience in product design of consumer goods,
`
`development, and manufacturing,
`
`including toy product design,
`
`development, and manufacturing.
`
`I have been granted ten U.S.
`
`patents.
`
`A copy of my Curriculum Vitae is attached (Ex. 1).
`
`5. While visual appeal of a product is helpful in
`
`making the product sell, it is more important that the product
`
`provide a useful and/or desirable function that will make a
`
`person want to buy the product.
`
`For example, although an
`
`automobile should be pleasing to the eye, a person would not
`
`normally buy an automobile unless the automobile had an engine,
`
`tires, a fuel tank, etc.
`
`A typical automobile purchaser is
`
`concerned with the color and look of an automobile, and with the
`
`E
`é
`5
`
`
`
`ARTSANA EXHIBIT 1009-2
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`ARTSANA EXHIBIT 1009-2
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`type, size, power, fuel consumption, accessories, reliability,
`
`etc. of the automobile.
`
`6.
`
`I have studied the Tiny Love Gymini 3—D Activity
`
`Gym product
`
`(“the Tiny Love product")
`
`(Ex. 2),
`
`the Tiny Love U.S,
`
`Design Patent No. D359.869 ("the Tiny Love design patent“)
`
`(Ex.
`
`3),
`
`the Tyco Cozy Quilt Gym product
`
`("the Tyco product")
`
`(Ex. 4),
`
`the alternative designs set forth by Michael A. Cousins (Ex. 5),
`
`and three preliminary designs produced by Tyco designers during
`
`the development of the Tyco product
`
`(Ex. 6).
`
`7.
`
`Although the Tiny Love product
`
`(Ex. 2) as a whole
`
`has a pleasing appearance,
`
`I note that the combination of
`
`(1) a
`
`blanket~base or base and (2) diagonal arches arranged with
`
`respect to the blanket—base is well—known and is common among
`
`children‘s play tents and adult camping tents.
`
`For example,
`
`the
`
`SASSY play tent
`
`(Ex. 7) and the EUREKA SUNRISE camping tent
`
`(Ex.
`
`8) both include elements (1) and (2) as set forth above.
`
`I also
`
`note that the SASSY play tent has corner pockets (Ex. 9), as does
`
`the Tiny Love product
`
`(Ex. 10). Accordingly,
`
`the Tiny Love
`
`product does not have a striking or unusual appearance.
`
`8.
`
`As shown by Exs. 7 and 8,
`
`infant and child play
`
`tents and adult camping tents include a base and a pair of
`
`diagonal arches arranged with respect to the base. Accordingly,
`
`any novelty which can be found in the Tiny Love design patent
`
`
`
`ARTSANA EXHIBIT 1009-3
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`ARTSANA EXHIBIT 1009-3
`
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`(Ex. 3) cannot be based only upon the combination of a base with
`
`a pair of diagonal arches, especially since such elements are
`
`already present in the prior art.
`
`9.
`
`I am a designer of ordinary capability who has
`
`designed children’s toys,
`
`including play tents for pre—school age
`
`children. Although the prior art tents shown in Exs- 7 and 8 do
`
`not have grommets on the arches and snaps at the periphery of the
`
`base,
`
`I consider such differences to be obvious so that the
`
`overall appearance of the design shown in the Tiny Love design
`
`patent is suggested by the prior art tents.
`
`10. Although toy products by their nature require an
`
`ornamental appeal,
`
`I have found that such toy products must etill
`
`be functional. After all, a parent may be struck by the
`
`appearance of a toy product, but the parent will not buy the
`
`product unless the parent considers that the product will serve a
`
`purpose. Accordingly, any ornamental design inherent in the Tiny
`
`Love product is not of foremost concern to a purchaser of the
`
`product. What is of foremost concern are the functional
`
`features.
`
`For example:
`
`a.
`
`the arches are tensioned rods which act to
`
`keep the blanket-base neatly spread out;
`
`b.
`
`the arches allow the Tiny Love product to be
`
`folded substantially flat so that the product is easily carried;
`
`ARTSANA EXHIBIT 1009-4
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`ARTSANA EXHIBIT 1009-4
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`c.
`
`the Tiny Love product requires no assembly
`
`and, because of the tensioned arches, automatically springs to an
`
`open, fully constructed_position; and
`
`d.
`
`the toys may be suspended from the arches
`
`within easy reach of a baby.
`
`11. with respect to the article of manufacture Shown
`
`in the Tiny Love design patent,
`
`I note the following features and
`
`their respective functions;
`
`a.
`
`the blanket-base is necessary as a cushioned
`
`support surface for resting a baby or infant, and also to receive
`
`and anchor the ends of the diagonal arches:
`
`b.
`
`each corner pocket on the base is necessary
`
`to receive a respective end of a diagonal arch and to hold the
`
`end in place (see Ex. 10};
`
`c.
`
`each diagonal arch is necessary to provide an
`
`elevated structure from which a hanging toy object may be
`
`suspended;
`
`d.
`
`each diagonal arch is necessary to provide
`
`diagonal tension across the blanket-base to pull taut;
`
`e.
`
`the combination of the interconnected
`
`diagonal arches (see Ex. 11)
`
`is necessary to prevent each
`
`diagonal arch from falling over;
`
`f.
`
`the combination of the interconnected
`
`diagonal arches is necessary to provide substantially equal
`
`
`
`
`
`
`
`ARTSANA EXHIBIT 1009-5
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`ARTSANA EXHIBIT 1009-5
`
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`diagonal tension across the four corners of the blanket-base to
`
`spread the base evenly;
`
`g.
`
`the circular objects in the diagonal arches.
`
`which correspond to the grommets in the Tiny Love product
`
`(see
`
`Ex. 11), are necessary to be available to receive a hanging toy
`
`object,
`
`if it is so desired; and
`
`h.
`
`the circular objects at the periphery of the
`
`base, which correspond to the snaps in the Tiny Love product
`
`(see
`
`Ex. 10), are necessary to keep the base in a folded state.
`
`12. As shown in the preceding paragraph,
`
`the design of
`
`the Tiny Love product is composed mainly of functional elements.
`
`Moreover,
`
`the design is almost entirely dictated by the function
`
`the product is to perform. Further,
`
`the functional advantages of
`
`the Tiny Love design are almost completely dependent on the shape
`
`of the Tiny Leve product. Accordingly, it is my opinion that the
`
`Tiny Love product is primarily functional and not primarily
`
`ornamental.
`
`13. with respect to the Tyco product,
`
`I note the
`
`following differences as compared with the article of manufacture
`
`shown in the Tiny Love design patent and the Tiny Love product:
`
`a.
`
`The Tiny Love design patent shows that each
`
`end of an arch is substantially coincident with a respective
`
`b1anket~base corner and interior to the perimeter of the blanket-
`
`base,
`
`(Figs 1 and 2)
`
`(i_e-
`
`is received within a packet at the
`
`
`
`
`
`ARTSANA EXHIBIT 1009-6
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`ARTSANA EXHIBIT 1009-6
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`corner).
`
`In the Tyeo product, each end of an arch is situated
`
`beyond a respective corner and exterior to the perimeter of the
`
`blanket-base, and has a plastic attacher that hooks onto a sewn
`
`loop on the underside of the corner (see Ex. 12).
`
`b,
`
`The Tiny Love design patent shows that each
`
`arch has multiple circles or holes (Figs. 1 and 2)
`
`(i.e.
`
`grommets).
`
`The Tyco product does not have such circles or holes,
`
`but instead employs sewn loops on the diagonal arches for
`
`receiving hanging toys (see Ex. 13).
`
`c.
`
`The Tiny Love design patent shows 9 circles
`
`or holes in the upper area of each arch (Figs.
`
`1 and 2)- Again,
`
`the Tyco product does not have circles or holes (see Ex. 13).
`
`d.
`
`The Tiny Love design patent shows another
`
`circle or hole near each arch end (Figs. 1 and 2). Again,
`
`the
`
`Tyco product does not have circles or holes (see Ex. 12).
`
`e.
`
`The Tiny Love aesign patent shows that the
`
`periphery of the blanket~base has Circles or holes (Figs.
`
`3 and
`
`4)
`
`(i.e.
`
`the snaps).
`
`The Tyco product does not have such circles
`
`or holes, but instead employs the plastic attachers clipped to
`
`one another to retain the base in a folded position (see Ex. 12).
`
`f.
`
`The Tiny Love design patent shows that at
`
`least some of the pockets have a circle or hole (Figs.
`
`1 and 2)
`
`(i.e.
`
`the snaps).
`
`The Tyco product does not have pockets or
`
`circles or holes on pockets (see EX. 12).
`
`g.
`
`The Tiny Love design patent shows in
`
`elevational View diagonal arches that have a maximum height of
`
`
`
`
`
`ARTSANA EXHIBIT 1009-7
`
`ARTSANA EXHIBIT 1009-7
`
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`approximately 30 to 35 percent of the width or length of the
`
`produCt base (Figs. 5 and 6).
`
`In elevational view the Tyco
`
`product has diagonal arches with a maximum height approximately
`
`60 percent of the width or length of the base (see Ex. 14).
`
`h.
`
`The Tiny Love design patent shows arches that
`
`have a height (i.e.
`
`from the lower stitching to the upper rounded
`
`part) and a width where the height is generally three to four
`
`times the width (i.e. somewhat upside-down teardrop—shaped in
`
`cross—section)
`
`(Figs. 1 and 2).
`
`Each Tyco product arch has the
`
`corresponding height approximately equal to the corresponding
`
`width (i.e.
`
`is generally circular in cross—section).
`
`i.
`
`The Tiny Love design patent shows in
`
`elevational view that the width of each arch is about three times
`
`the thickness of the blanket-base (Figs.
`
`5 and 6).
`
`In
`
`elevational view each Tyco product arch has a thickness about ten
`
`to twenty times the thickness of the blanket—base (see Ex. 14).
`
`j.
`
`The Tiny Love design patent shows diagonal
`
`arches with highly visible stitching when viewed in perspective
`
`(Figs.
`
`1 and 2).
`
`The Tyco product arches have stitching that is
`
`on the underside and that is much less visible.
`
`k.
`
`The Tiny Love design patent shows an article
`
`of manufacture with a blanket-base where the opposite edges of
`
`the blanketvbaee appear to be parallel when viewed in perspective
`
`(Figs 1 and 2).
`
`The opposite edges of the Tyco product blanket—
`
`base do not appear to be parallel when viewed in perspective (see
`
`Ex. 4).
`
`ARTSANA EXHIBIT 1009-8
`
`
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`
`
`
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`ARTSANA EXHIBIT 1009-8
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`l.
`
`The Tiny Love design patent shows an article
`
`of manufacture which in perspective has at least one arch that
`
`leans to the right
`
`(Fig.
`
`l} or left (Fig. 2).
`
`In the Tyco
`
`product, each arch stands vertical and does not lean left or
`
`right
`
`(see Ex. 4).
`
`m.
`
`The Tiny Love design patent shows that the
`
`apexee of the arches may be disconnected from one another and the
`
`arches may be laid down (Figs.
`
`7 and 8).
`
`In contrast,
`
`the arches
`
`of the Tyco product are connected by a loop connected to one and
`
`extending around the other such that the arches are not
`
`disconnectable from one another at the apexes.
`
`n.
`
`The Tiny Love design patent shows a blanket ~
`
`base that has hills and valleys (i.e. is heavily padded)
`
`(Figs.
`
`3
`
`and 4). The Tyco product blanket-base is not as heavily padded
`
`(see Ex. 14).
`
`o.
`
`The Tiny Love design patent shows a blanket-
`
`base that i5 unadorned with any particular depiction (Figs. 1-3).
`
`In contrast,
`
`the Tyco product blanket—base is adorned with a
`
`Sesame Street depiction (see Ex. 4).
`
`p.
`
`The Tiny Love design patent shows a blanket—
`
`base without any physical elements attached (Figs. 1—3}.
`
`In
`
`contrast,
`
`the Tyco product has a equeaker and a crinkle pocket
`
`attached to the blanket-base (see Ex. 4).
`
`q.
`
`The Tiny Love design patent shows that the
`
`underside of the blanket—base has an upper horizontal perimeter
`
`strip that overlays a right vertical perimeter strip (Pig. 4).
`
`
`
`
`
`
`
`ARTSANA EXHIBIT 1009-9
`
`ARTSANA EXHIBIT 1009-9
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`In contrast,
`
`the Tyoo product does not have any adjacent pair of
`
`perimeter strips that meet in such a manner.
`
`14.
`
`For the reasons stated above, it is my opinion
`
`that the appearance and the design of the Tyco product are
`
`substantially different from the appearance and design of the
`
`Tiny Love product.
`
`To the extent the Tiny Love product and Tyoo
`
`product have an ornamental appearance,
`
`that ornamental appearance
`
`is different.
`
`15. Since the Tyco product does not include the
`
`several features specified in the preceding paragraph, it is my
`
`opinion that an ordinary observer / purchaser would consider the
`
`patented Tiny Love design and the Tyco product design to be
`
`different such that an observer/purchaser would not be induced or
`
`deceived into purchasing one supposing it to be the other.
`
`Moreover,
`
`the differences I have noted above are not merely
`
`trivial, but instead,
`
`impact significantly on the overall
`
`appearance of the Tyco product design such that the Tyco product
`
`design does not have an identity of design or a sameness of
`
`appearance with respect to the Tiny Love product. As a result,
`
`it is my opinion that the Tyco product does not infringe the Tiny
`
`Love design patent.
`
`16.
`
`I have examined the sketches of three alternative
`
`designs provided by Michael A. Cousins (Ex. 5).
`
`I note that
`
`10
`
`
`
`
`
`
`
`ARTSANA EXHIBIT 1009-10
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`ARTSANA EXHIBIT 1009-10
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`unlike the Tiny Love product design, each alternative design does
`
`not spring to an open position, requires the use of more
`
`expensive rigid plastic such as PVC plastic, and requires a
`
`higher number of individual parts. Moreover,
`
`in my opinion,
`
`because of the use of rigid plastic and the higher number of
`
`individual parts, each alternative design cannot be sold at a
`
`price point comparable to that of the Tiny Love product, and each
`
`alternative design would weigh more than the Tiny Love product,
`
`would not be as easily assembled and disassembled, would not be
`
`packed as flat, and would not be as easily portable.
`
`Accordingly, it is my opinion that the alternative designs
`
`provided by Mr. Cousins are inferior to the Tiny Love product
`
`design.
`
`17.
`
`I have examined three preliminary designs produced
`
`by Tyco designers during the development of the Tyco product
`
`(Ext
`
`6).
`
`The preliminary designs include:
`
`(1) diagonal arches
`
`arranged with respect to a base. where the base had flaps
`
`extending beyond the perimeter of the base, and where fabric
`
`panels extended to enclose a play area;
`
`(2) a base encircled with
`
`a lighter foam and traversed by a stiffer foam arch; and (3)
`
`parallel arches arranged on either side of a base and a
`
`transverse arch bridging the parallel arches.
`
`18.
`
`In my opinion,
`
`the three preliminary designs
`
`variously suffer from the following flaws: failure to spread out
`
`11
`
`ARTSANA EXHIBIT 1009-11
`
`
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`ARTSANA EXHIBIT 1009-11
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`
`the entire surface of the base;
`
`too many parts required;
`
`difficult assembly; difficult tooling to manufacture; costly
`
`parts; and obstructed View of play area, among others.
`
`Tyco was
`
`correct to reject the three preliminary designs.
`
`19.
`
`The final design of the Tyco product is better
`
`than the three preliminary designs because:
`
`(1) a good View of a
`
`playing baby is provided;
`
`(2)
`
`the tensioned diagonal arches
`
`spread the base out substantially completely;
`
`(3)
`
`the combined
`
`base and diagonal arches is a simple,
`
`inexpensive, free-standing
`
`structure that automatically springs open; and (4) only a minimal
`
`number of parts are required. Quite simply,
`
`from a functional
`
`point of View, a baby activity gym product having a pair of
`
`tensioned diagonal arches and a base is simple, cost effective,
`
`and easily manufacturable.
`
`20. As can be shown by the alternative designs
`
`provided by Mr, Cousins (Ex. 5) and the three alternative Tyco
`
`designs (Ex. 6), although other configurations for activity gyms
`
`
`
`for babies are possible,
`
`the base and diagonal arches combination
`
`is one of a limited number of viable alternatives which provide
`
`the functional attributes of having a base, having a method of
`
`keeping the base spread out, having overhanging toys, being
`
`lightweight, being easily assembled and disassembled, being
`
`packed flat, and being easily portable.
`
`12
`
`ARTSANA EXHIBIT 1009-12
`
`ARTSANA EXHIBIT 1009-12
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`.014
`
`I declare under penalty of perjury that the foregoing
`
`is true and correct. Executed on
`
`I
`
`, 1995.
`
`
`
`
`
`
`
` §<
`
`
`
`llQSZlJ.
`
`13
`
`ARTSANA EXHIBIT 1009-13
`
`ARTSANA EXHIBIT 1009-13
`
`
`
`CURRICULUM VITAE
`
`0F
`
`DENNY CONLEY
`
`SUMMARY
`
`My engineering experience in product development and
`manufacturing encompasses:
`toy design; hand~held price marking
`label applicators; household appliances; special products; school
`and outdoor furniture; auto computer with cruise control; custom
`fiberglass products; and hot melt adhesive paper lamination and
`label production.
`I have been granted ten patents.
`
`EMPLOYMENT
`
`5/94 — Present DIRECTOR OF MANUFACTURING AND ENGINEERING
`Paramount Industries,
`Inc.
`Langhorne, PA
`
`7/90 — 5/94
`
`MANAGER, MECHANICAL ENGINEERING
`Sight & Sound; Brookfield, WI
`Division of Western Publishing Co.
`(Manufacturer of books, games,
`toys and books with
`sound)
`
`Duties include: mechanical engineering; aesthetic
`design and cost estimates for games and plastic
`modules used on sound books; communicating with
`all foreign vendors on our products; sourcing new
`products in China; working with and managing
`outside engineering companies on new projects.
`
`5/88 — 7/90
`
`ENGINEER
`Lewis Galoob Toys
`South San Francisco, CA
`(Manufacturer and distributor of toys)
`
`Engineer responsible for the design of mechanisms
`and complete toys to be manufactured in China or
`U.S. Last
`two projects: personally did complete
`product design, cost estimates, sourcing, and
`approving injection molds and required line
`equipment; finding qualified vendors and
`manufacturing sources; set up quality control
`standards and debugged production line; one
`product manufactured in Los Angeles —
`the other in
`Mexico.
`
`3/84 — 1/88
`
`ENGINEERING MANAGER
`
`EXHIBIT
`
`1
`
`
`
`ARTSANA EXHIBIT 1009-14
`
`ARTSANA EXHIBIT 1009-14
`
`
`
`Boy’s Toys, Mattel Toys
`Hawthorne, CA
`
`1/80 - 3/84
`
`MANAGER OF ENGINEERING
`Esselte Meto
`
`Randolph, MA
`(Esselte purchased Primark 6/80)
`
`9/77 — 1/80
`
`MANAGER MECHANICAL ENGINEERING
`Zemco Corp.
`San Ramon, CA
`
`4/74 — 9/77
`
`PROJECT MANAGER
`Primark Corp.
`San Ramon, CA
`
`5/72 - 4/74
`
`SENIOR DESIGN ENGINEER
`Pre—School Toys
`Mattel Toys
`Hawthorn, CA
`(Manufacturer of toys, world wide)
`
`Engineering manager responsible for the
`engineering and getting ready for production the
`more complex Masters of the Universe figures, Hot
`Wheel sets, and toys using special materials
`and/or processes. Senior design engineer in pre—
`school toys. Obtained patent for a pre—school
`“Chatter Pal" tape measure.
`
`7/70 — 5/72
`
`PROJECT ENGINEER
`Pre—School Toys
`Kenner Toys
`Cincinnati, OH
`
`Project engineer in pre—school toys. Obtained two
`patents.
`
`6/69 — 7/70
`
`MANAGER
`Smith Fiberglass Co.
`Batavia, OH
`
`7/65 — 6/69
`
`1957 — 7/65
`
`PROJECT ENGINEER
`New Products
`Arvin Industries
`Columbus,
`IN
`
`PROJECT ENGINEER MECH. DESIGN OF
`ELECTRONICS
`Nutone Inc.
`Cincinnati, OH
`
`ARTSANA EXHIBIT 1009-15
`
`ARTSANA EXHIBIT 1009-15
`
`
`
`1956 — 1958
`
`1954 — 1956
`
`EDUCATION
`
`University of Cincinnati
`Fine Arts
`Mathematics
`
`Ohio State University
`Industrial Management
`Fine Arts
`
`
`
`
`
`ARTSANA EXHIBIT 1009-16
`
`ARTSANA EXHIBIT 1009-16
`
`
`
`
`
`
`
`ARTSANA EXHIBIT 1009-17
`
`ARTSANA EXHIBIT 1009-17
`
`
`
`PQTENTS PEST E PRESENT
`
`783?268834
`
`United States Patent 1191
`Oren
`
`1Inumlmlmummmnuuummmmmmmm.
`usoomssss
`,
`in} Patent Number: Des. 359,869
`(45] Date of Patent:
`3.. Jul. 4, 1995
`
`[54] BABY‘S MATI'RES‘S
`{75}
`Inventor:
`Isue Oren. Henzlia. Israel
`[73] Assignee. Tiny Love Lti. Israel
`("1 Tom:
`14 Year:
`[21} Appl. No.: 18,462
`{221 Filed:
`Feb. 7' 199‘
`{30]
`Fol-esp Aypliudon Priority Data
`Aug. 11. 1993 {IL}
`:5ng- 2125:
`Aug. 11. 1993 {11.}
`Israel
`.................. 21255
`[52] us. c1. ,.___....-......
`.. 136/596; 136/595
`[533 new ofSearch .........
`[16/595, 596, 335;
`_ 925/5
`14_ 655, 57; 335/10,;
`[56}
`Reta-once: Cited
`
`
`
`
`
`
`
`Primary Bummer-4.33 P. Lichtensuin
`
`Attorney, Agent. or Finn-oOstroIenk, Faber, Garb &.
`Soffen
`
`{S7}
`
`CLAIM
`
`in the created position thereof;
`
`and described
`DESCRIPTION
`FIG.1isa.fromperspectiveviewofthebaby'smattress
`FIG. 2 is a rear perspective view thereof;
`“0- 3 {5 3‘ 1°? “W,flmmfi
`91‘3- ‘ I} 3WE“ YEW“we“?
`FIG 5 {5 one Me View 91m“:
`,
`FIG. 533 a93°“ 5*“ ”.1“ £31m“:
`FIG. 7 tsafront perspecm'enewofthebaby 3mattress
`FIG. 8 is a. top View ofFIG. 7;
`FIG. 9 is one side w‘ew of FIG. 7;
`FIG. 10 is a second side view of FIG. ‘7; and,
`FIG. 11 is a botton View of FIG. 7.
`The cross-hatching represents conventional fabric and
`is understood to extend throughout the areas repre-
`sented.
`The broken lines represent Stitching.
`
`in the folded position thereof;
`
`
`
`
`
`EXHIBIT
`
`
`
`ARTSANA EXHIBIT 1009-18
`
`ARTSANA EXHIBIT 1009-18
`
`
`
`PQTENTS PRST 8. PRESENT
`
`7837236334
`
`13.83
`
` a
`:_- wwwm-«wnwmwwe
`
`July 4,1995
`
`Sheet 1 of5
`
`‘ Des. 359,869
`
`ARTSANA EXHIBIT 1009-19
`
`\_/’
`
`US. Patent
`
`v uun
`
`.1r.l
`
`:‘m‘u:r;w}“*lx’;:u‘.:Ln;
`
`«ex-w—tmsvwmwu‘d
`
`ARTSANA EXHIBIT 1009-19
`
`
`
`PnTENTS PRST & PRESENT
`
`78
`
`372983
`
`54
`
`.84
`
`US. Patent
`
`Sheet 2 0f 5
`
`fies.
`
`359,369
`
`
`
`S‘hl'la‘u“lillui
`
`
`
`ARTSANA EXHIBIT 1009-20
`
`ARTSANA EXHIBIT 1009-20
`
`
`
`PATENTS PQST 8. PRESENT
`
`7837289834
`
`P.85
`
`
`
`FIG. 5
`
`
`
`ARTSANA EXHIBIT 1009-21
`
`E z
`
`US. Patent “ July 4,1995
`
`Sheet 3 of 5
`
`Des. 359,869
`
`ARTSANA EXHIBIT 1009-21
`
`
`
`PATENTS PRST & PRESENT
`
`7837282834
`
`p.95
`
`U.S. Patent
`
`‘33:; 4, 1995
`
`Sheet 4 of 5
`
`'Des. 359,869
`
`
`
`ARTSANA EXHIBIT 1009-22
`
`ARTSANA EXHIBIT 1009-22
`
`
`
`PQTENTS PRST & PRESENT
`
`78
`
`37288034
`
`9?
`
`US. Pa£ent
`
`:ffiy 4, 1995
`
`Sheet 5 of S
`
`Des. 359,869
`
`FIGJO
`
`[-76.8
`
`FIG. 9
`
`m.n
`
`.Ily”rghfif!{sllfl.u‘
`
`...Ard;
`
`5:
`
`ARTSANA EXHIBIT 1009-23
`
`ARTSANA EXHIBIT 1009-23
`
`
`
`
`
`
`
`
`
`
`ARTSANA EXHIBIT 1009-24
`
`ARTSANA EXHIBIT 1009-24
`
`
`
`
`
`Sank/42 [:[f Mtg :1 /ef$ A/flfco/ 07‘7'?
`
`EXHIBIT
`
`5
`
`@1995.
`
`THESE DESIGNSARE
`m
`“.Fcéx‘éfffiwm" Wm mm mm...
`2124318222
`
`JUN [5 1995
`
`ARTSANA EXHIBIT 1009-25
`
`ARTSANA EXHIBIT 1009-25
`
`
`
` 030...“.
`
`>5
`
`ARTSANA EXHIBIT 1009-26
`
`
`
`.35mxnrrfiimwravwmx:
`
`
`
`
`
`35mmUNQOZM:mV__
`
`«N_.
`
`
`
`n.My...manmangé‘
`
`(E:.m6mm
`
`EM3.«E
`
`
`
`23.4....N..31......25
`
`
`
`
`
`Om.OOCEZMUna—$2
`
`ARTSANA EXHIBIT 1009-26
`
`
`
`
`\g/
`
`
`
`a?! 566/4 647%,
`xl/Myef/
`Sflr/IL; 410M\
`
`V
`
`F
`
`
`
`.1995.
`
`THESE DESIGNS ARE
`THE EXCLUSIVE PROPERTY
`0!" COUSINS DESIGN
`
`W om “9 3m
`New Your. 1?! 10012423:
`312431 3222
`
`JUN l 5 1995
`
`ARTSANA EXHIBIT 1009-27
`
`ARTSANA EXHIBIT 1009-27
`
`
`
`Ext/I"
`
`3:333:31
`
`EExizru
`
`
`
`2.1,mxoxwxa
`
`030m.
`
`
`
`
`
`dimmmUmm~02m>xm
`
`
`
`
`
`O...CccflzmDmmaz
`
`
`
`.25mxnrcmzmwwOfim—SJ‘
`
`
`a.,4.,a39394“:
`
`o2..a..n:£a29.29.”...:4893
`
`a.»9.:En»
`
`7:.‘m...fl
`
`~«Jain
`,....
`
`ARTSANA EXHIBIT 1009-28
`
`ARTSANA EXHIBIT 1009-28
`
`
`
`
`
`
`01995. mm DESIGNS ARE
`1m: EXCLUSIVE PROPERTY
`or cousms DESIGN
`
`mm Dosh“
`
`fimvowy mm“ _
`:12 43, Sam
`'
`
`’1 In
`
`'3
`
`ARTSANA EXHIBIT 1009-29
`
`ARTSANA EXHIBIT 1009-29
`
`
`
`
`
`
`
`
`
`
`
`ma<mzmv—mwa”ya—....
`
`.ma—o
`
`VEmma—0mmBring—Qua“5:.
`
`
`
`
`
`ZQWMQmzfianvu....O
`
`
`
`.1.«v.3.3«a
`
`
`
`
`
`
`
`...uun....ES.M...hwwkmwu5302.38
`
`
`
`ARTSANA EXHIBIT 1009-30
`
`ARTSANA EXHIBIT 1009-30
`
`
`
`
`
`BOTH {IDES
`l 811qu
`
`
`
`337151022N5”TH
`
`
`ON I 5
`
`
`
`FABRIC
`6.291135 Or’ltflmuny
`FDQ MORE (w
`
`
`
`
`
`
`5 Acflwf'y
`
`L‘ARB'Epoc'lcET”70/
`CAIZLRy BABy GOOD}
`
`COHHDENUAL
`F0! Attorneys EYES Univ
`
`0 G 0 42 7
`
`
`
`ARTSANA EXHIBIT 1009-31
`
`ARTSANA EXHIBIT 1009-31
`
`
`
`PULL HIV” .
`
`577FF FOAM
`
`/
`
`
`D RIN
`
`
`TRANS/9&1- (r
`For Attorneys Eyes
`
`CONNDENTIA
`
`“ft"
`
`00042?
`
`ARTSANA EXHIBIT 1009-32
`
`ARTSANA EXHIBIT 1009-32
`
`
`
`UNSNAP
`
`\
`
`/Gl/: TON 5 map
`'
`
`T0 «.055
`
`\
`
`CONFIDENTIAL
`For Attorneysys‘finly
`
`988413
`
`
`
`ARTSANA EXHIBIT 1009-33
`
`ARTSANA EXHIBIT 1009-33
`
`
`
`
`
`
`
`ARTSANA EXHIBIT 1009-34
`
`ARTSANA EXHIBIT 1009-34
`
`
`
`
`
`
`
`ARTSANA EXHIBIT 1009-35
`
`ARTSANA EXHIBIT 1009-35
`
`
`
`
`
`EXHIBIT
`
`ARTSANA EXHIBIT 1009-36
`
`ARTSANA EXHIBIT 1009-36
`
`
`
`
`
`EXHIBIT
`
`10
`
`m
`
`ARTSANA EXHIBIT 1009-37
`
`ARTSANA EXHIBIT 1009-37
`
`
`
`
`
`
`
`ARTSANA EXHIBIT 1009-38
`
`ARTSANA EXHIBIT 1009-38
`
`
`
`
`
`
`
`ARTSANA EXHIBIT 1009-39
`
`ARTSANA EXHIBIT 1009-39
`
`
`
`
`
`
`
`ARTSANA EXHIBIT 1009-40
`
`ARTSANA EXHIBIT 1009-40
`
`
`
`
`
`
`
`ARTSANA EXHIBIT 1009-41
`
`ARTSANA EXHIBIT 1009-41
`
`