Flexible Steel Lacing v. Conveyor Accessories - MSJ of Trade Dress Invalidity

Case: 1:17-cv-05540 Document #: 71 Filed: 11/08/18 Page 1 of 4 PageID #:258
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
FLEXIBLE STEEL LACING COMPANY,
Plaintiff/Counter-Defendant, Civil Action No. 1:17-cv-05540
v. Judge: Ruben Castillo
CONVEYOR ACCESSORIES, INC., Magistrate: Judge Jeffrey Cole
Defendant/Counter-Plaintiff.
CONVEYOR ACCESSORIES’ MOTION FOR

SUMMARY JUDGMENT OF INVALIDITY
Pursuant to Fed. R. Civ. P. 56 and LR 56.1, Defendant, Conveyor Accessories, Inc.
(“CAI”), moves the Court for summary judgment that Plaintiff’s, Flexible Steel Lacing Company
(“Flexco”), alleged trade dress asserted against CAI in this lawsuit is functional, and thus invalid
and unprotectable.
In support thereof, CAI states as follows:
1. On July 28, 2017, Flexco filed its complaint against CAI, asserting federal
trademark infringement (Count I), federal unfair competition (Count II), common law unfair
competition (Count III), common law trademark infringement (Count IV), and violation of
Illinois’ Uniform Deceptive Trade Practices Act (Count V), arising from CAI’s alleged improper
use of a beveled, scalloped leading edge design in CAI’s conveyor belt fastener products. (Dkt.
No. 1).
2. On October 2, 2017, CAI filed its answer, raising, inter alia¸ the affirmative
defense of functionality of Flexco’s alleged trade dress. (Dkt. No. 16, p. 23).
3. On October 31, 2018, fact discovery closed.
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4. The present lawsuit is currently scheduled for jury trial beginning on January 7,
2019.
5. However, in accordance with TrafFix Devices, Inc. v. Marketing Displays, Inc.,
532 U.S. 23, 32-33 (2001), Flexco’s alleged trade dress is functional, and thus invalid and not
protectable, as a matter of law.
6. Pursuant to your Honor’s Motion Practice Guidelines, on November 6, 2018,
counsel for CAI delivered to counsel for Flexco a concise letter summarizing the legal and
factual grounds of the present motion, with references to supporting authorities, in an effort to
resolve the issues set forth in the present motion. Concurrence was not obtained and the parties
were unable to resolve the present dispute.
7. Pursuant to LR 56.1(a), CAI files herewith: (1) any affidavits and other materials
referred to in FRCP 56(e); (2) a supporting memorandum of law; and (3) a Statement of Material
Facts.
8. Granting the present motion for summary judgment would be dispositive of
Flexco’s complaint against CAI.
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WHEREFORE, CAI respectfully moves the Court to grant summary judgment, in CAI’s
favor, that Flexco’s alleged trade dress asserted against CAI in this lawsuit is functional, and thus
invalid and unprotectable.
DATED: November 8, 2018 Respectfully submitted,
CONVEYOR ACCESSORIES, INC.
By: /s/ Vincent M. Smolczynski

One of Its Attorneys
Joseph R. Lanser
jlaner@seyfarth.com
Vincent Smolczynski
vsmolczunski@seyfath.com
SEYFARTH SHAW LLP
233 South Wacker Drive
Suite 8000
Chicago, Illinois 60606-6448
Telephone: (312) 460-5000
Facsimile: (312-460-7000
Scott G. Lindvall (pro hac vice)

slindvall@seyfarth.com
SEYFARTH SHAW LLP
620 Eighth Avenue
New York, New York 10018
Telephone: (212) 218-5500
Facsimile: (212) 218-5526
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CERTIFICATE OF SERVICE
The undersigned, an attorney, does hereby certify that on November 8, 2018, he served
the foregoing by the ECF Filing System upon all counsel of record.
/s/ Vincent M. Smolczynski
51832343v.1 / 025646-100100
Case: 1:17-cv-05540 Document #: 71-1 Filed: 11/08/18 Page 1 of 20 PageID #:262

EASTERN DIVISION
CONVEYOR ACCESSORIES’ BRIEF

IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF INVALIDITY
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TABLE OF CONTENTS
Page
I. BACKGROUND ................................................................................................................ 1
A. Development of the Flexco’s Beveled Scalloped Leading Edge ............................ 3
B. Flexco’s Marketing of the Functional Benefits of the Beveled, Scalloped

Leading Edge .......................................................................................................... 5
C. Flexco’s Attempts to Protect its Beveled, Scalloped Leading Edge Design .......... 6
1. Flexco’s ’308 Utility Patent ........................................................................ 6
2. Flexco’s ‘749 Design Patent ....................................................................... 8
3. Flexco Seeks Trademark Protection of its Scalloped Edge Design ............ 8
II. THE LAW ON FUNCTIONALITY ................................................................................... 9
III. FLEXCO’S ALLEGED TRADE DRESS IS FUNCTIONAL ......................................... 12
IV. CONCLUSION ................................................................................................................. 15
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TABLE OF AUTHORITIES
Page(s)
Cases
Arlington Specialties, Inc. v. Urban Aid, Inc.

847 F.3d 415 (7th Cir. 2017) .................................................................................10, 11, 12, 13
In re Bose Corp,
772 F.2d 866 (Fed. Cir. 1985)............................................................................................12, 14
Eco Mfg. v. Honeywell Intl. Inc.,

357 F.3d 649 (7th Cir. 2004) .......................................................................................10, 11, 13
Georgia-Pacific Consumer Prods. v. Kimberly Clark Corp.,

647 F.3d 723 (7th Cir. 2011) .................................................................................10, 11, 12, 14
Jay Franco & Sons, Inc. v. Franek,

615 F.3d 855 (7th Cir. 2010) .................................................................................10, 11, 12, 14
Specialized Seating, Inc. v. Greenwich Indus.,

616 F.3d 722 (7th Cir. 2010) ........................................................................................... passim
TrafFix Devices, Inc. v. Marketing Displays, Inc.,

532 U.S. 23 (2001) ........................................................................................................... passim
Statutes
15 U.S.C. § 1115(a) .......................................................................................................................12
15 U.S.C. § 1115(b)(8) ..................................................................................................................12
15 U.S.C. § 1125(a)(3) ...................................................................................................................12
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In this lawsuit, all of Flexible Steel Lacing’s (“Flexco”) claims against Conveyor
Accessories, Inc. (“CAI”) stem from CAI’s alleged improper use of Flexco’s registered and
common law trade dress, which Flexco contends protects the beveled, scalloped leading edge
design in Flexco’s conveyor belt fasteners (collectively “Flexco’s Alleged Trade Dress”). But,
established U.S. Supreme Court and Seventh Circuit law instructs that if an alleged trade dress is
functional in any way, then the trade dress is invalid and not protectable, as a matter of law.
Here, Flexco’s Alleged Trade Dress is indisputably functional. In fact, since introducing
its fasteners in the late 1990s, Flexco has repeatedly represented and touted the functional
benefits of the design in Flexco’s Alleged Trade Dress in its: (1) sworn statements to the U.S.
Patent and Trademark Office (“USPTO”); (2) utility patent; (3) marketing materials; and (4)
internal engineering documents. This undisputable evidence renders Flexco’s Trade Dress
invalid and non-protectable, as a matter of law.
I. BACKGROUND
The products at issue in this case are known as hinged rivet fasteners for conveyor belts.
These fasteners are used to splice or connect the ends of pieces of conveyor belt together to
create a unitary conveyor belt, such as those used in coal mines to carry coal. These conveyor
belts often run for miles, and are made up of many, separate conveyor belt pieces spliced
together to create a single, functional conveyor belt. There are also many other components used
with these conveyor belt systems (which are not part of this lawsuit), such as many different
types and sizes of pulleys, motors, and belt cleaners and scrappers that “scrape” the top of the
belt to clean it. Below is an annotated photo from Flexco’s website showing a typical connection
of the ends of a conveyor belt using Flexco’s fasteners:
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More specifically, a first set of fasteners is attached to an end of a first piece of conveyor
belt by aligning the fasteners, and then, typically with a specialized tool, inserting rivets through
each aperture on the top of the upper plate of the fastener, through the conveyor belt material and
then through the bottom lower plate of the fastener (not visible in above photo). (SOF ¶ ¶ 7, 8.)
In such a manner, the fasteners grip and “sandwich” the conveyor belt material between the
fastener’s upper and lower plates. A second set of fasteners is then applied to an opposing end of
a second piece of conveyor belt, which is to be spliced to the first piece of conveyor belt, in the
same manner. Once fasteners have been installed onto the respective ends of the pieces of
conveyor belt, the conveyor belt pieces are then connected together by sliding a hinge pin
through the fasteners (similar to a door hinge pin).
An example of Flexco’s rivet hinged fastener (uninstalled) with the scalloped, beveled
leading edge design in Flexco’s Alleged Trade Dress is shown below (SOF ¶ 8):
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Selecting an appropriate fastener involves consideration of a number of factors. For
example, a fastener for a conveyor belt system requires consideration of the tensile strength of
the belts employed, thickness of the conveyor belt material, pulley diameters, and belt cleaners
and scrappers (used for scrapping and cleaning the conveyor belts) in the conveyor drive system.
(SOF ¶ 9.) Thus, a major design consideration of the fasteners is to provide strong holding
capacity without being too thick to avoid interfering with the pulleys, belt cleaners, and other
conveyor drive components. (SOF ¶ 9.) Therefore, when installing the fasteners, it is desirable
to countersink the fastener into the conveyor belt to cause the fastener to be as flush as possible
with the conveyor belt surface. (SOF ¶ 9.) Otherwise, the fasteners can cause problems when the
conveyor belt travels over pulleys or belt scraper blades, causing failure of the fasteners,
components or belts. (SOF ¶ 9.)
A. Development of the Flexco’s Beveled Scalloped Leading Edge
Sometime in 1997, Flexco decided to modify its fasteners to incorporate a beveled (aka
coined), scalloped leading edge. Before then, conventional fasteners included leading edges that
were straight and beveled. (SOF ¶ ¶ 10, 35.)
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During his deposition, Mr. Musil (Flexco’s engineer responsible for the design of its
fasteners) testified as to some of the functional benefits of Flexco’s beveled, scalloped leading
edge design. For example, he testified that beveling the scalloped edge allowed the leading edge
of the fastener to get “buried into the belt,” so that the fastener would not catch onto components
in the conveyor belt system, such as scrapers and cleaners. (SOF ¶ 36.)
Likewise, Mr. Westphall (Flexco’s current Director of Engineering) represented the
functional benefits of the beveled, scalloped leading edge of Flexco’s fasteners in sworn
declarations submitted to the USPTO. (SOF ¶ 29.) In these declarations, Mr. Westphall
admitted that the beveled, scalloped leading edge provided the following functional benefits:
• “[T]he Flexco Scalloped Edge rivet hinged fastener shown in [Flexco’s two trademark
registrations] features a low and smooth profile.”
• “[T]he shape of the Flexco Scalloped Edge rivet hinged fastener shown in [Flexco’s two
trademark registrations] reduces the exposure to cleaner blades, skirt rubber and return
idlers.”
• “It is believed that the shape of the Flexco Scalloped Edge rivet hinged fastener shown in
[Flexco’s two trademark registrations] has excellent product life….”
• “[A] low profile extends the belt splice life.”
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• “The overall shape of the [fastener] reduces the effects of impact between fasteners and
belt cleaners.”
• “[T]he overall shape of the [fastener] contributes to the quality of the [fastener] as it
reduces the fastener’s exposure to cleaner blades, skirt rubber and return idlers.”
(SOF ¶ ¶ 30, 31 (emphasis added).)
For
example, Mr. Gray (a customer of Flexco, who is responsible for conveyor belt maintenance in a
coal mine) testified that the beveled, scalloped leading edge of Flexco’s fasteners “makes the
splice more receptive to going over the top of the cleaning or the wipers or the cleaners in the
fact that the main wear area is usually the leading edge of the splice and the scallop reduces the
amount [of wear] of the leading edge.” (SOF ¶ ¶ 40, 41.) Mr. Gray also testified that the
beveled, scalloped leading edge in Flexco’s fasteners is required for using Flexco’s patented
fastener installation tool, which requires the fastener to have such a scalloped edge for proper
alignment during installation. (SOF ¶ 42.)
Similarly, Mr. Shelton (another customer of Flexco’s responsible for conveyor belt
maintenance) testified that the scalloped, beveled leading edge design of Flexco’s fasteners was
less harsh on the belt cleaner equipment, because the beveled scalloped edge causes Flexco’s
fastener to sink into the belt better. (SOF ¶ ¶ 44, 45.)
B. Flexco’s Marketing of the Functional Benefits of the Beveled, Scalloped

Leading Edge
After developing its scalloped fastener, Flexco prominently marketed the functional
benefits of the beveled, scalloped leading edge design. (SOF ¶ ¶ 24-28.) For example, one
Flexco marketing brochure highlights that the “[t]he scalloped design contributes to improved
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fastener profile resulting in increased compatibility with belt cleaners and improved cleaner-
tip wear.” (SOF ¶ 24) (emphasis added). Another Flexco brochure states that the Flexco fastener
features a “[l]ow-profile, Scalloped Edge design that reduces hang-ups on cleaners, pulleys,
etc.” (SOF ¶ 26) (emphasis added). In the same brochure, Flexco emphasizes that “[its]
fasteners feature a coined or ‘scalloped’ edge, allowing them to interface seamlessly with belt
cleaners, pulley lagging, and other conveyor components.” (SOF ¶ 25) (emphasis added). In
yet another brochure, Flexco states that the “Scalloped Edge™ provides for a lower fastener
profile to extend belt splice life and reduce exposure to belt cleaner blades and other conveyor
components.” (SOF ¶ 27) (emphasis added).
C. Flexco’s Attempts to Protect its Beveled, Scalloped Leading Edge Design
Over the years, Flexco attempted to protect the beveled, scalloped edge design used in its
fasteners with both utility and design patent protection. (SOF ¶ ¶ 10, 18.) Because that
protection either was not successful or otherwise expired, Flexco turned to alleged trademark
protection in a last-ditch effort to ward off rightful competition. (SOF ¶ 19.)
1. Flexco’s ’308 Utility Patent
On September 23, 1997, Flexco filed a utility patent application with the USPTO, which
issued as U.S. Patent No. 6,053,308 (the ‘308 Patent) on April 25, 2000. This utility patent
describes the functional benefits of the beveled, scalloped leading edge design in fasteners.
(SOF ¶ ¶ 10-17.) For example, with respect to beveling the leading edge of the fastener, the ‘308
Patent states:
• Another feature of present belt fasteners that assists in providing good holding power
and a low profile fastener attached onto the belt end is that the outer or outboard edges
of the plates are generally beveled or coined so that when the plates of the fastener are
clamped to the belt surfaces, the sharp edges of the plates will bite into the belt surface.
(SOF ¶ 12) (emphasis added).
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• For improved belt gripping and for a lower lead-in profile for the belt fasteners, it is
known to bevel or coin the outboard edges 44 and 46 of hinged fasteners so that the
edges of the plates provide a lower profile and grip into the belts when the plates are
clamped thereto. The outboard edges 44 and 46 of the present two rivet fastener 14 are
similarly beveled for biting into the belt carcass. (SOF ¶ 12) (emphasis added).
The ‘308 Patent specification also describes the functional benefits of scalloping the
leading edge of the fastener:
• As previously mentioned, one problem that has been observed where there are two rivets
adjacent the fastener outboard edges such as in the two rivet fastener 14 herein, is that the
sinking of the coined edges into the belt 18 for a lower profile of the fastener 14 can be
compromised because there is too much plate material spaced from the plate rivet
receiving apertures. In this regard, the lower plate 26 of the fastener 14 herein is
provided with a scalloped or contoured outboard edge 46 so that it generally follows the
contour around the rivet apertures 32 formed in the lower plate 26. Thus, the lower
plate outboard edge 46 includes two outer sections 88 that are curved and meet at an
inner oppositely curved section 90 so that the outboard edge 46 generally curves around
the circular rivet openings 32, as best seen in FIGS. 2 and 4. (SOF ¶ 14). (emphasis
added).
• By scalloping the outboard edge 46, the bite thereof into the belt carcass 17 is improved
when the fasteners 14 are riveted to the belt end 18. The outboard edge 44 of the upper
plate 24 can be similarly scalloped for improved sinking thereof in the belt 18 to provide
it with an improved lead in profile for being engaged by scraper blades that clean the
belt. (SOF ¶ 14) (emphasis added).
Finally, the claims of the ‘308 Patent cover the scalloped leading edge described in the
patent specification. (SOF ¶ 15.) For example, claims 3 and 4 of the ‘308 Patent claim:
3. The belt fastener of claim 1 wherein the one plate is the upper
plate of the fastener with the teeth formed thereon, and the outer
edge of at least one of the lower and upper plate is contoured to
generally follow the contour around the apertures to reduce the
amount of plate material spaced from the apertures so that with
the fastener riveted onto the belt end, the contoured edge bites
into the corresponding belt surface for a lower profile for the
fastener and additional belt gripping and tensile force resistance.
4. The belt fastener of claim 3 wherein the contoured outer edge is

on the lower plate and includes two curved sections thereof
which curve around each rivet aperture and converge between
the rivet apertures to allow the two-rivet fastener to be inserted
into a five-rivet fastener applicator for riveting the two-rivet
fastener onto a belt end.
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2. Flexco’s ‘749 Design Patent
Then, on September 14, 1998, Flexco filed an application with the USPTO for a design
patent to protect the overall design of its fastener. That application issued as D423,749 (the ‘749
Design Patent) on April 25, 2000, and expired on April 25, 2014. (SOF ¶ 18.) The ‘749 Design
Patent protected the overall design of Flexco’s entire fastener, including the apertures for the
rivets, the curved portion connecting the upper and lower plates, the top and bottom plates of the
fastener, and the viewing window, and is significantly different than the trade dress that Flexco is
now asserting. (Compare designs in SOF ¶ 23 with Figures 1-10 of the ‘749 Patent, SOF ¶ 18.)
3. Flexco Seeks Trademark Protection of its Scalloped Edge Design
With the expiration of its ‘749 Design Patent in 2014, and apparently realizing that its
‘308 utility Patent did not protect its fastener design the way it desired,
Thus, Flexco turned to trademark law
in an attempt to forever extend its monopoly on the beveled scalloped leading edge. (SOF ¶ 19.)
Two days before expiration of Flexco’s ‘749 Design Patent, Flexco filed six trademark
registration applications with the USPTO, attempting to protect various aspects of its fastener
design. (SOF ¶ 20.) Of these six trademark applications, only the two registrations at issue in
this lawsuit were allowed to registration by the USPTO.1 The first is Flexco’s U.S. Trademark
Reg. No. 4,971,326 (the “’326 Reg.”), registered on June 7, 2016. (SOF ¶ 21) (reproduction
below). According to the ‘326 Reg., the trade dress consists of “a three-dimensional
configuration of the curved beveled scalloped upper edge of a metal fastener.” (SOF ¶ 21.) The
1
While not part of the present Motion for Summary Judgment, CAI also asserts that Flexco made fraudulent
misrepresentations to the USPTO to obtain its trademark registrations, including concealing the existence of the
‘308 Patent that describes and claims functional benefits of its fastener design, and then subsequently misleading the
USPTO as to the ‘308 Patent’s disclosure of a beveled, scalloped lead edge design.
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second is Flexco’s U.S. Trademark Reg. No. 4,975,848 (the “‘848 Reg.”), issued June 14, 2016.
(reproduction below). (SOF ¶ 22). According to the ‘848 Reg., this trade dress consists of a
“three-dimensional configuration of a metal fastener with a beveled top edge with a scalloped
shape, straight side edges, two rectangular legs, and a curved upside down u-shaped notch
between the two legs.” (SOF ¶ 22.) In addition to the two registrations, Flexco also alleges it has
common law trade dress rights. (SOF ¶ 23; Complaint ¶12) (reproduction below).
‘326 Reg. ‘848 Reg. Alleged Common Law Design
Flexco asserts that “[t]he material shown in dotted lines shows the position of the mark in
relation to the rest of the goods and is not considered part of the mark.” (SOF ¶ 23.) Clearly, as
the illustration above indicates, the essential, common design component in Flexco’s Alleged
Trade Dress is the beveled, scalloped leading edge design, and it is this design in Flexco’s
Alleged Trade Dress that Flexco contends CAI allegedly infringes.
II. THE LAW ON FUNCTIONALITY
The U.S. Supreme Court has long held that if a product design configuration is
functional, in any way, it is not entitled to any trade dress protection, as a matter of law. TrafFix
Devices, Inc. v. Marketing Displays, Inc., 532 U.S. 23, 32-33 (2001). The “traditional rule” is
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that “a product feature is functional, and cannot serve as a trademark, ‘if it is essential to the use
or purpose of the article or if it affects the cost or quality of the article.’” Id. at 32-33 (citations
omitted) (emphasis added). Relying on TrafFix, the Seventh Circuit has consistently applied this
rule: “The Justices told us that a feature is functional if it is essential to the design or it affects
the article’s price or quality.” Eco Mfg. v. Honeywell Intl. Inc., 357 F.3d 649, 654 (7th Cir. 2004)
(emphasis in original); see also Arlington Specialties, Inc. v. Urban Aid, Inc. 847 F.3d 415, 420
(7th Cir. 2017) (“the right question is whether the design feature affects product quality or cost
or is ‘merely ornamental’”) (emphasis added); Specialized Seating, Inc. v. Greenwich Indus., 616
F.3d 722, 726 (7th Cir. 2010); Jay Franco & Sons, Inc. v. Franek, 615 F.3d 855, 857 (7th Cir.
2010).
Significantly, “a functional aspect of the design cannot be trademarked, even if it
also…identifies the product’s source.” Eco Mfg, 357 F.3d at 651; TrafFix, 532 U.S. at 33
(“Functionality having been established, whether the [product] design has acquired secondary
meaning need not be considered.”). Further, “there is no need…to engage… in speculation about
other design possibilities…which might serve the same purpose.” TrafFix. at 33-34. In other
words, once a design feature is deemed functional, the fact there may be alternative designs that
achieve the same functional goal is wholly irrelevant and immaterial. Id. Following the Supreme
Court’s lead, the Seventh Circuit has instructed that “…design features are functional even if
other solutions to the design problems are available to competitors.” Arlington Specialties, Inc.,
847 F.3d at 419 (emphasis added); Specialized Seating, Inc., 616 F.3d at 727; Jay Franco & Sons
at 859-60. “[T]he design in question does not have to be the only possible design to be
functional; rather, it is functional if it ‘represents one of many solutions to a problem.’” Georgia-
Pacific Consumer Prods. v. Kimberly Clark Corp., 647 F.3d 723, 731 (7th Cir. 2011) (citations
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omitted) (emphasis in original); see also Arlington Specialties, 847 F.3d at 420 (“[T]he
undisputed evidence shows that the claimed design features affect product quality, so we need
not consider the availability of alternative designs for competitors.”) (emphasis added). For
example, in Specialized Seating, Chief Judge Easterbrook specifically rejected the notion that a
functional design is entitled to trademark protection if there are alternative designs available to
competitors, noting that functional designs are the province of patents, and not trademarks:
“What this says to us is that all of the designs are functional, in the
sense that they represent different compromises….” A novel or
distinctive selection of attributes on these many [design alternatives]
can be protected for a time by a utility patent or a design patent,
but it cannot be protected forever as one producer’s trade dress.
When the patent expires, other firms are free to copy the design to
the last detail in order to increase competition and drive down the
price that consumers pay.”
Specialized Seating, 616 F.3d at 727 (italics of “all” in original).
When assessing a product configuration’s functionality, courts consider a variety of
evidence. For example, a “utility patent has vital significance in resolving a trade dress claim, for
a utility patent is strong evidence that the features therein claimed are functional.” TrafFix, 532
U.S. at 30 (emphasis added); see also Eco Mfg., 357 F.3d at 653 (“A utility patent is strong
evidence that the features therein claimed are functional.”) (emphasis added). As further noted
by the Seventh Circuit, the design feature of a product configuration does not even have to be
claimed in a utility patent, because the patent description can still describe the functionality of
the design. Jay Franco, 615 F.3d at 858-59 (“Functionality is determined by a feature's
usefulness, not its patentability or its infringement of a patent.”).
Other evidence showing functionality can include the trademark owner’s advertising that
touts the design’s functionality. Jay Franco, 615 F.3d at 859 (“This ‘strong evidence’ of the
[design’s] functionality is bolstered by [plaintiff’s] own advertisement.”); see also Georgia-
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Pacific, 647 F.3d at 730-31 (finding functionality, in part, based on advertisement statements); In
re Bose Corp, 772 F.2d 866, 871-72 (Fed. Cir. 1985) (finding advertisements were strong
evidence of functionality when Bose advertised the shape of its speakers as a performance-
enhancing part of the sound system.).
The issue of functionality, and ultimately invalidity of trade dress rights, is often resolved
through summary judgment. “Functionality is a factual question, but the bar for functionality is
so low that it can often be decided as a matter of law, as in this case.” Arlington Specialties, 847
F.3d at 420 (citations omitted) (emphasis added); see also TrafFix, 532 U.S. at 34-35 (affirming
summary judgment of invalidity of trade dress based on functionality of design); Georgia
Pacific, 647 F.3d at 727 (same); Jay Franco, 615 F.3d at 857 (same).
Significantly, registration of a trademark with the USPTO does not negate the
functionality defense, because a product configuration that is functional renders the registration
invalid, as a matter of law. 15 U.S.C. §§ 1115(a), (b)(8); see also Specialized Seating, 616 F.3d
at 723-24 (invalidating registered trademark due to functionality); Georgia-Pacific, 64, F.3d at
727 (same); Jay Franco, 615 F.3d at 857 (same). With respect to Flexco’s common law trade
dress, it is Flexco’s burden to establish that its alleged trade dress design is not functional. 15
U.S.C. § 1125(a)(3).
III. FLEXCO’S ALLEGED TRADE DRESS IS FUNCTIONAL
The evidence that Flexco’s Alleged Trade Dress is functional is overwhelming. As
discussed above, Flexco’s s indisputable representations in its own ‘308 Patent, its statements
made in its marketing materials, its sworn representations made to the USPTO, and even
Flexco’s customers’ testimony, all support the inevitable conclusion that Flexco’s Alleged Trade
Dress is functional, and thus not entitled to trade dress protection, as a matter of law.
First, by itself, Flexco’s admissions to the USPTO that the beveled, scalloped leading
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edge design necessarily affects the quality of the Flexco fasteners is dispositive. Specifically,
during prosecution of Flexco’s ‘326 and ‘848 Regs., and in response to the USPTO Examining
Attorney asking Flexco “[d]oes the leading, beveled scalloped edge of the [fastener] contribute to
the quality of the [fastener]? If yes, how so?” Flexco, through its Director of Engineering, Mr.
Westphall, represented in his sworn declaration:
Yes, the leading, beveled scalloped edge of the [fastener]

contributes to the quality of the [fastener] as it reduces the
fastener’s exposure to cleaner blades, skirt rubber and return
idlers. The beveled leading edge also allows for reduced wear and
tear on the fastener, which extends the life of the splice to maximize
belt availability.
(SOF ¶ 31) (emphasis added).
In accordance with the “traditional rule” of functionality established by the Supreme
Court in TrafFix, Flexco’s admission that the design affects quality is dispositive, because this
fact, by itself, necessarily results in invalidity and non-protectability of the design in Flexco’s
Alleged Trade Dress, as a matter of law. TrafFix, 532 U.S. at 32-33. The “traditional rule”
instructs that “a product feature is functional, and cannot serve as a trademark, ‘if it is essential
to the use or purpose of the article or if it affects the cost or quality of the article.) Id. (emphasis
added); see also Eco Mfg., 357 F.3d at 655 (“The Justices told us that a feature is functional if it
is essential to the design or it affects the article's price or quality.”) (emphasis in original);
Arlington Specialties, 847 F.3d at 420 (“the right question is whether the design feature affects
product quality or cost or is ‘merely ornamental’”) (emphasis added). Mr. Westphall’s “affect on
quality” admission is bolstered by the testimony from Flexco’s engineers and customers and
Flexco’s internal documents, all of which clearly demonstrate the functional benefits of the
beveled, scalloped leading edge design in the fasteners. (SOF ¶ ¶ 32-44.)
More recently, Mr. Westphall testified (as Flexco’s corporate representative) that the
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beveled, scalloped leading edge design in Flexco’s Alleged Trade Dress affects the quality of the
fasteners, further confirming his earlier admissions to the USPTO. (SOF ¶ ¶ 32, 33.) These
admissions and testimony from Flexco and its customers that the beveled, scallop leading edge
affects the quality of the fastener lead to only one indisputable conclusion — Flexco’s Alleged
Trade Dress is invalid and unenforceable, as a matter of law.
Second, it is indisputable that Flexco unambiguously described and claimed in its ’308
Patent the functionality of the very design that Flexco now contends it is entitled to trade dress
protection - namely the “beveled or coined” leading edges (described in the ‘308 Patent as
improving grip) (SOF ¶ 12, 13), and the “scalloped or contoured outboard edge” (described in
the ‘308 Patent as removing material between rivets so as not to compromise the fastener). (SOF
¶ 14.) Flexco cannot now protect this design in Flexco’s Alleged Trade Dress.2 See TrafFix, 532
U.S. at 30; Jay Franco, 615 F.3d at 858-59; Specialized Seating, 616 F.3d at 727 (“It is
inappropriate to use trademark law to afford extended protection to a patented invention”).
Finally, Flexco’s Alleged Trade Dress is “unequivocally linked to functional benefits”
that Flexco promoted in its own advertisements. (SOF ¶ ¶ 24-28); Georgia-Pacific, 647 F.3d at
730-31 (finding functionality, in part, based on advertisement statements); see also Jay Franco,
315 F.3d at 859 (finding product’s functionality bolstered by advertisements that highlighted the
functional aspects of the product’s design.); Bose Corp., F.2d at 871-72 (finding advertisements
were strong evidence of functionality).
For example, some of Flexco’s advertisements tout:
2
The ‘848 Reg. also has a “viewing port” as part of its design. Like the beveled scalloped leading edge design, the
functional benefits of the viewing port are described and claimed in the ‘308 Patent and are also functional. (SOF ¶
¶ 16, 17; see also SOF ¶ 30.)
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• “Flexco fasteners feature a coined or ‘scalloped’ edge, allowing them to interface

seamlessly with belt cleaners, pulley lagging, and other conveyor components.” (SOF ¶
25) (emphasis added).
• “The Flexco SR Scalloped Edge fastener features a low profile reducing the fastener’s
exposure to cleaner blades, skirt rubbers, and return idlers. Reduce wear and tear on the
fastener extends the like of the splice to maximize belt availability.” (SOF ¶ 24)
(emphasis added).
• “The scalloped design [of Flexco’s fasteners] contributes to improved fastener profile
resulting in increased compatibility with belt cleaners and improved cleaner-tip wear.”
(SOF ¶ 24).
The unequivocal result is that the product design in Flexco’s Alleged Trade Dress is
functional, because it admittedly “looks the way it does in order to be a better [fastener], not in
order to be a better way of identifying who made it (the function of a trademark).” Specialized
Seating, 616 F.3d at 727. Therefore, Flexco’s Alleged Trade Dress are invalid, as a matter of
law, and Flexco’s complaint against CAI should be dismissed in its entirety.
IV. CONCLUSION
For the foregoing reasons, CAI requests that the Court grant its motion for summary
judgement that Flexco’s Alleged Trade Dress is functional, invalid, and not entitled to trade dress
protection.

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Joseph R. Lanser
jlaner@seyfarth.com
Vincent Smolczynski
SEYFARTH SHAW LLP
Suite 8000
Telephone: (312) 460-5000
Facsimile: (312-460-7000

SEYFARTH SHAW LLP
620 Eighth Avenue
Telephone: (212) 218-5500
Facsimile: (212) 218-5526
16
51831827v.1 / 025646-100100
51831827v.1 / 025646-100100

EASTERN DIVISION
STATEMENT OF MATERIAL FACTS
The Parties
1. Plaintiff Flexible Steel Lacing Company (“Flexco”) is an Illinois corporation with a
principal place of business located at 2525 Wisconsin Avenue, Downers Grove, Illinois.
Complaint ¶ 3.
2. Defendant Conveyor Accessories, Inc. is a Delaware corporation with its principal place
of business located at 7013 High Grove Boulevard, Burr Ridge, Illinois.
Venue and Jurisdiction
3. Venue is proper in this jurisdiction because both party’s principal place of business is
located within this District and both parties transact business in this District.
4. Personal jurisdiction over the parties is proper in this jurisdiction because both parties are
located and do business in this district and both parties have agreed to be subject to the
jurisdiction of the Court.
5. Subject matter jurisdiction for the Court is proper because Flexco’s claims for federal
trademark infringement and federal unfair competition arise under the laws of the United States.
Complaint ¶ ¶ 6, 38-42; 43-45.
51755922v.2 / 025646-100100
Rivet Hinged Fasteners
6. This lawsuit involves allegations that CAI’s rivet hinged fastener infringes Flexco’s trade
dress rights by copying Flexco’s alleged trade dress. Complaint ¶ ¶ 10-12, 23.
7. These fasteners allow one to splice or connect the ends of a conveyor belt together. The
photo below from Flexco’s website shows Flexco fasteners connecting the ends of a conveyor
belt used in the coal industry.
Exhibit 1 at 1. (http://documentlibrary.flexco.com/X2178_enUS_2178_SRRH_091117.pdf).
8. The Flexco fasteners are attached to each of the two ends of the conveyor belt by
inserting rivets through each aperture on the top of the upper surface plate of the fastener. U.S.
Patent No. 6,053,308 (the “‘308 Patent”), (Exhibit 2), col. 1, lns. 12-18. The riveting of the upper
and lower plates together can be done either manually or with an installation tool. Deposition of
Edward C. Musil at 33-34 (“Musil Depo. at _”) (Exhibit 3); ‘308 Patent, col. 2, lns. 54-65. Once
the fasteners have been installed onto both ends of the conveyor belt, the conveyor belt ends are
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connected by sliding a hinge pin through the loops at the end of each fastener as shown in the
photo above. See also ‘308 Patent, Fig. 3 (component 21); col. 1, lns. 18-23. An example of
Flexco’s rivet hinged fastener with the scalloped edge before installation is shown below:
Exhibit 1 at 2. (http://documentlibrary.flexco.com/X2178_enUS_2178_SRRH_091117.pdf).
9. The choice of an appropriate hinged fastener involves consideration of a number of
factors. For example, a hinged fastener for a conveyor system requires one to consider the tensile
strength of the belts employed and the pulley diameters in the conveyor drive system. ‘308
Patent, col. 1, lns. 24-30 (Exhibit 2). Thus, a major design goal of belt fasteners is to provide the
fastener with strong holding capacity without over-design of the fastener for its particular
conveyor application such as in underground coal mines as shown above in the photo in
paragraph 7 above. ‘308 Patent, col. 1, lns. 43-50. An over-designed fastener can have plates that
are too thick and have a higher profile (compared to the belt surface) than necessary for the belts
in which they are designed causing problems in travel of the spliced belt around smaller pulley
diameters and through scraper blades used to for cleaning the belts during operation. ‘308 Patent,
col. 1, lns. 50-54.
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The `308 Patent
10. On September 23, 1997, Flexco filed a patent application with the U.S. Patent and
Trademark Office (the “USPTO”). This application issued as the “‘308 Patent” on April 25, 2000
and was assigned to Flexco. Exhibit 2. The named inventors on the ‘308 Patent are Messrs.
Vogrig, Winkleman and Musil; all of which were engineers of Flexco at the time. Musil Depo. at
25-26 (Exhibit 3). The ‘308 Patent expired on September 23, 2017.
11. Figure 2 of the ‘308 Patent is a depiction of belt fastener before riveting the upper and
lower plates to a belt. Exhibit 2. Figure 2 (which shows two and half fasteners) is set forth below:
The numbers 44 and 46 of Figure 2 are the upper and lower outboard edges (or leading edges) of
the fastener respectively. ‘308 Patent, col. 10, lns. 18-24 (Exhibit 2). The scalloped or
“contoured” outboard or leading edge is shown as number 46. ‘308 Patent, col. 10, lns. 31-40;
see also Musil Depo. at 38 (Exhibit 3). “[T]he lower plate outboard edge 46 includes two outer
sections 88 that are curved and meet at an inner oppositely curved section 90 so that the outboard
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51755922v.2 / 025646-100100
edge 46 generally curves around the circular rivet openings 32, as best seen in Figs. 2 and 4.”
‘308 Patent, col. 10, lns. 34-39.
12. The ‘308 Patent’s specification describes the known functional benefits of a beveling the
leading (or outboard) edge of a fastener:
‘308 Patent, Fig. 2, col. 10, lns. 18-24 (Exhibit 2).
‘308 Patent, col. 2, lns. 40-45.
13. As stated above, the specification of the ‘308 Patent makes it clear that the outboard or
leading edges of the fastener of Figure 2 are beveled or coined: “The outboard edges 44 and 46
of the present two rivet fastener 14 are similarly beveled for biting into the belt carcass.” ‘308
Patent, Fig. 2, col. 10, lns 22-24 (Exhibit 2). Mr. Musil, a named inventor on the ‘308 Patent,
confirmed that the outboard or leading edges of the fastener depicted as 44 and 46 in Figure 2
were beveled. Musil Depo. at 38-39 (Exhibit 3) (“Yes, we always coin or bevel the edge –
outboard edge of our fasteners so they do not catch [on the conveyor belt structure].”).
5
51755922v.2 / 025646-100100
14. The ‘308 Patent also described and claimed, in part, scalloping the leading or outboard
edges of the fastener. The ‘308 Patent specification describes the functional benefits of
scalloping or contouring the leading or outboard edges of the fastener:
‘308 Patent, col. 10, lns. 24-39 (Exhibit 2).
‘308 Patent, col. 10, lns. 40-49.
6
51755922v.2 / 025646-100100
‘308 Patent, col. 10, lns. 54-58; see also col. 3, ln. 64 - col. 4, ln. 14.
15. Claim 3 of the ‘308 Patent specifically claims as one of its elements scalloping or
contouring the outboard or leading edges of the fastener:
‘308 Patent, col. 12, lns. 24-33 (Exhibit 2). Musil Depo. at 45-46, 48 (Exhibit 3) (Mr. Musil
agreeing that claim 3 describes the scalloped leading or outboard edge.). Claims 4 and 9 of the
‘308 Patent similarly adds the claim element of scalloping or contouring the leading or outboard
edge of the lower plate. ‘308 Patent, col. 12, lns. 33-38 (Claim 4); col. 13, lns. 17-23 (Claim 9).
16. The viewing window or “cut-out” which is depicted as number 38 on Figure 2 of the ‘308
Patent is described in the specification:
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51755922v.2 / 025646-100100
‘308 Patent, col. 4, lns. 43-46 (Exhibit 2).
‘308 Patent, col. 4, lns. 64-67; see also col. 8, lns. 32-43.
‘308 Patent, col. 7, ln. 63- col. 8, ln. 11.
17. Claim 11 of the ‘308 Patent specifically claims as one of its elements the viewing port or
“window cut-out” on the upper plate of the fastener:
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‘308 Patent, col. 13, lns. 37-39 (Exhibit 2); see also, col. 12, lns. 43-47 (Claim 11); col. 13, lns.
53-59 (Claim 12).
Flexco’s Design Patent
18. In an effort to protect its new scalloped edge fastener, Flexco applied for a design patent
on September 14, 1998. On April 25, 2000, Patent No. Des. 423,749 issued (the ‘749 Patent).
Exhibit 4. The details of the design that was claimed is shown in Figures 1-10 of the patent and
encompasses the entire detailed design of the entire three dimensional scalloped fastener
including the rivet apertures, the curved portions are the rear of the fastener, and upper and lower
surface plates as shown in Figure 1 of the ‘749 Patent below:
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19. In or around 2014, when the ‘749 Patent was near expiration,
Flexco’s Alleged Trademark/Trade Dress Protection
20. Two days before the expiration of Flexco’s ‘749 Patent, Flexco filed on April 23, 2014,
six trademark applications, two of which ultimately issued. Exhibits 6 and 7.
21. Flexco’s U.S. Trademark Registration No. 4,971,326 (“the ’326 Registration”) was
registered on June 7, 2016. (See reproduction below) Exhibit 8; Complaint ¶ 10. According to the
registration’s description, the trademark consists of “a three-dimensional configuration of the
curved beveled scalloped upper edge of a metal fastener.” Exhibit 8; Complaint ¶ 10.
22. Flexco’s U.S. Trademark Registration No. 4,975,848 (“the ’848 Registration”), issued
June 14, 2016. (See reproduction below). Exhibit 9; Complaint ¶ 10. According to the
registration’s description, this trademark consists of a “three-dimensional configuration of a
metal fastener with a beveled top edge with a scalloped shape, straight side edges, two
rectangular legs, and a curved upside down u-shaped notch between the two legs.” Exhibit 9;
Complaint ¶ 10.
23. Flexco also alleges it has common law trade dress rights in the design shown in bold line.
Complaint ¶ 12. (See reproduction below).
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51755922v.2 / 025646-100100
The portions of the fastener depicted in dotted lines shows the position of the claimed trademark
(which is indicated bold lines) in relation to the rest of the fastener and is not considered a part of
the trade dress, but is still provides necessary context as to how the trademark is supposed to be
used. Exhibits 8 and 9; Complaint ¶ 12.
Flexco’s Marketing Materials
24. Flexco’s marketing materials found on its website and distributed to potential customers
describe the functional benefits and advantages of the “Scalloped Edge” Flexco’s fastener. For
example, in one marketing brochure, Flexco contains the following:
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51755922v.2 / 025646-100100
Exhibit 2 at 2 (http://documentlibrary.flexco.com/X2178_enUS_2178_SRRH_091117.pdf). As
can be seen by this marketing brochure, Flexco represents the functional benefits of the beveled
scalloped edge to the potential customer that “[t]he scalloped design contributes to improved
fastener profile resulting in increased compatibility with belt cleaners and improved cleaner-
tip wear.” Id. (Emphasis added). In addition, Flexco represents that “[a] built in viewport
simplifies fastener positioning.” Id.
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25. In another marketing brochure, titled “Get the Facts,” Flexco represents as follows:
Exhibit 10 at 7 (http://documentlibrary.flexco.com/X2149_enUS_2149_HDMBF_0613.pdf).
Flexco states that its “scalloped” edge provides functional benefits to the customer: “Flexco
fasteners feature coined or ‘scalloped’ edge, allowing them to interface seamless with belt
cleaners, pulley lagging, and other conveyor components.” Exhibit 10 at 7 (emphasis added).
26. In the same brochure, Flexco also provides similar representations of the scalloped
leading edge’s functional benefits:
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Exhibit 10 at 8 (http://documentlibrary.flexco.com/X2149_enUS_2149_HDMBF_0613.pdf).
27. Similarly, in yet another marketing brochure to customer, Flexco states that “…the
patented Scalloped Edge™ provides for a lower fastener profile to extend belt splice life and
reduce exposure to belt cleaner blades and other conveyor components.” Exhibit 11 at 1
(emphasis added).
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51755922v.2 / 025646-100100
Exhibit 11 at 1. (http://documentlibrary.flexco.com/X2110_enUS_2110_BR6SPfstrs_1213.pdf).
28. A short instructional video explaining how to install the fasteners on conveyor belts also
discusses the functional benefits of the scalloped leading edge (the discussion of the scalloped
edge begins at 2:53). See https://www.flexco.com/NA/EN/Flexco/Resources/Resource-
Library/Video-Library.htm#gallery-12. Title of the video is “FLEXCO SR (Flexco® Rivet
Hinged Fastening System) Video.”
Flexco Employee Testimony
Declarations of Gregory Westphall
29. Gregory Westphall submitted a number of declarations to the USPTO in support of
several trademark applications. Mr. Westphall is currently the Director of Engineering at Flexco
and has been employed at Flexco since 1998. Declaration of Gregory L. Westphall dated
November 13, 2014 (“First Westphall Decl.”) at ¶ ¶ 1, 4. (Exhibit 12).
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51755922v.2 / 025646-100100
30. Mr. Westphall first declaration was intended to address the “functional aspect” of the
trade dress. First Westphall Decl. at ¶ 8 (Exhibit 12). In this declaration, Mr. Westphall testifies
to the following benefits of the beveled scalloped leading edge of the Flexco fastener:
a. “[T]he Flexco Scalloped Edge rivet hinged fastener shown in paragraphs 6
and 7 features a low and smooth profile.” First Westphall Decl. at ¶ 11(a)
(emphasis added).
b. ‘[T]he shapes of the Flexco Scalloped Edge rivet hinged fastener shown in
paragraphs 6 and 7 reduces the exposure to cleaner blades, skirt rubber and
return idlers.” First Westphall Decl. at ¶ 11(b) (emphasis added).
c. “It is believed that the shape of the Flexco Scalloped Edge rivet hinged
fastener shown in paragraphs 6 and 7 has excellent product life….” First
Westphall Decl. at ¶ 11(c) (emphasis added).
d. “The shape of the Flexco Scalloped Edge rivet hinged fastener contributes to
easier installation in that the viewing port, if present, allows the installer to
readily see that the belt to be fastened together is in the proper position.”
First Westphall Decl. at ¶ 11(e).
31. Mr. Westphall submitted a second declaration to the USPTO on June 11, 2015 (“Second
Westphall Decl.”) (Exhibit 13). In his second declaration., Mr. Westphall further testified to the
functional benefits of the beveled scalloped edge of the fastener:
a. “[A] low profile extends the belt splice life.” Second Westphall Decl. at ¶
4(a) (emphasis added).
16
51755922v.2 / 025646-100100
b. “The overall shape of the [fastener] reduces the effects of impact between
fasteners and belt cleaners.” Second Westphall Decl. at ¶ 4(c) (emphasis
added).
c. “[T]he overall shape of the [fastener] contributes to the quality of the fastener
as it reduces the fastener’s exposure to cleaner blades, skirt rubber and
return idlers.” Second Westphall Decl. at ¶ 4(f) (emphasis added).
Testimony from Flexco’s Rule 30(b)(6) Corporate Representative
32.
33. Mr. Westphall, as Flexco’s corporate designee, also testified that the beveling the
scalloped leading edge “provides a lead-in for anything that might need to go by it….”
Westphall Depo. at 33 (Exhibit 5). For example, beveling the scalloped leading edge would
provide for a “lead-in” to belt cleaners and “conveyor structure consisting of rollers, plows, [and]
trackers.” Westphall Depo. at 33-34.
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Testimony and Documents of Mr. Musil
34. Mr. Edward Musil was employed at Flexco as an engineer manager from about 1972-
2006. Musil Depo. at 19-20 (Exhibit 3). His duties as an engineering manager in the Research
and Development department were to “develop new products and improve existing products.”
Musil Depo. at 21-22. As shown on the front page of the ’308 Patent, Mr. Musil is a named
inventor on the ‘308 Patent (Exhibit 2).
35. Mr. Musil was involved in the development of the scalloped leading edge fastener. In
1997, before the commercial introduction of the scalloped leading edge fastener, Mr. Musil
stated that
36. The leading edges of all Flexco fasteners had always been coined or beveled “so they
don’t catch.” Musil Depo. at 38, 52 (Exhibit 3) (Flexco’s R5 rivet fastener “always [had] a
beveled leading edge on the top and bottom plates of the fastener.”). Mr. Musil explained the
functional benefits of beveling or coining the leading edge of the fastener. Beveling or coining
the leading edge of the fastener is where the “leading edge that’s struck in the die and gets coined
and bent slightly down so that it will bite into the belt.” Musil Depo. at 40. Beveling the leading
edge allows for the fastener to have a lower profile because it allows for the leading edge to get
“buried into the belt.” Musil Depo. at 38-39. Flexco beveled the leading edge because it did not
“want its fastener to catch on the conveyor belt structure or the scraper, if they had one, a belt
cleaner on the conveyor.” Musil Depo. at 38-39.
37. According to Mr. Musil,
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51755922v.2 / 025646-100100
38.
39.
Customer Testimony
Mr. Jeff Gray - Emerald Coal
40. Jeff Gray, as the belt department manager, was responsible for installing and maintaining
conveyor belt systems at a coal mine owned by Emerald Coal from 1992-2015. Jeff Gray
Deposition at 17-18 (“hereafter, Gray Depo. at __”) (Exhibit 16). Mr. Gray’s employer, Emerald
Coal, purchased Flexco’s scalloped edge fasteners when they were first introduced in 1999. Gray
Depo. at 40-41.
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51755922v.2 / 025646-100100
41. Mr. Gray testified that the functional benefit of the scalloped edge fastener was:
“[The scalloped edge] makes the splice more receptive to going

over the top of the cleaning or the wipers or the cleaners in the fact
that the main wear area is usually the leading edge of the splice and
the scallop reduces the amount of the leading edge. When the
cleaner hits that scalloped edge, it is already up on top of the splice,
so the wear are is reduced.”
Gray Depo. at 85; see also Gray Depo. at 86-87.
42. Mr. Gray testified that the scalloped edge provides the functional benefit of interlocking
and aligning with the Flexco installation tool. Gray Depo. at 87-88.
43. Mr. Gray testified that the functional benefit of the curved view port on the fastener in
that it helps with the installation process and visibility for the persons who are installing the
fastener. Gray Depo. at 67.
Mr. Allen Shelton - Pyro Mining Company
44. Allen Shelton was employed by Pyro Mining and its successors for 29 years. Allen
Shelton Deposition at 13-14 (hereafter, “Shelton Depo. at _”) (Exhibit 17). From 1993 until 2003
he was the conveyor belt director. Shelton Depo. at 15-16.
45. Mr. Shelton testified as to the functional benefits Flexco’s beveled scalloped leading edge
fastener:
a. The scalloped leading edge was less harsh on the on the belt cleaner because
the fastener would sink into the belt. Shelton Depo. at 44-45, 64-65.
b. The scalloped edge would line up with the installation tool. Shelton Depo. at
46.
c. The curved viewing port on the fastener makes it easier to see the belt during
installation. Shelton Depo. at 50-51.
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51755922v.2 / 025646-100100

Joseph R. Lanser
jlaner@seyfarth.com
Vincent Smolczynski
SEYFARTH SHAW LLP
Suite 8000
Telephone: (312) 460-5000
Facsimile: (312-460-7000

SEYFARTH SHAW LLP
620 Eighth Avenue
Telephone: (212) 218-5500
Facsimile: (212) 218-5526
21
51755922v.2 / 025646-100100
51755922v.2 / 025646-100100
Exhibit 1
FLEXCO SR
® ™
Rivet Hinged Fastening System
Quality and
Performance
The Flexco® SR™ Rivet Hinged Fastening
System has earned a reputation for
quality and performance in the most
demanding material handling applications
on earth. Wherever belt conveyors are
used, you need a fastener system that
lets you set up, splice, and get out of
the way … fast. Flexco SR fasteners
deliver the performance, long life, and
easy installation that maximize belt
availability and help keep productivity on a roll.
Maximum Splice Life, Increased Uptime

Flexco Rivet Hinged Fasteners combine top and bottom fastener plates, which
are joined at one end by two wide hinge loops. Each pair of plates sandwich the
belt end and are secured to the belt with a staggered pattern of rivets. The rivets
penetrate the belt without damaging or weakening the belt carcass providing
maximum resistance to pull-out and evenly distributed splice tension across
the width of the belt. No matter what the belt condition, Flexco SR fasteners
are a good choice for both new and older, worn belts. Rivet hinged fasteners
can be used on belts ranging from 1/8" to 1" (3 - 25 mm) after skive with pulley
diameters over 5" (127 mm). Concerns about comparable vulcanized splice
strength can be dismissed as rivet hinged fasteners have a long history of service
on belts with mechanical fastener rating of up to 2000 P.I.W. (350 kN/m).
Market Applications
• Coal and Hard Rock
• Underground and Surface Mining
• Wood Processing
• Asphalt Plants
• Construction and Road Equipment
www.flexco.com
www.flexco.com
2
FLEXCO SR ® ™
Fastener Overview
How the Flexco® Rivet Hinged Fastening System Works
The SR™ (Self-Setting Rivet) Fastener utilizes staggered
pattern, multiple rivet attachments that pass between
carcass fibers without severing them. The specially
shaped head of each pilot nail works in conjunction with
the installation tool anvil plate to set the rivets. The
same hammer blows that set the rivets also compress
the fastener plates into the belt covers. This provides
maximum holding ability and distributes splice tension
evenly across the width of the belt.
Flexco® R2 Flexco® R5
Lower fastener profile improves performance

The Flexco® SR™ Scalloped Edge™ fastener design. The scalloped design contributes
features a low profile, reducing the fastener’s to improved fastener profile resulting in
exposure to cleaner blades, skirt rubbers, increased compatibility with belt cleaners
and return idlers. Reduced wear and tear on and improved cleaner-tip wear.
the fastener extends the life of the splice to
A built-in viewport simplifies fastener
maximize belt availability.
positioning. And self-setting rivets are
Designed for rubber plied and PVC solid installed from the top side of the belt
woven belting, as well as for older worn belts for faster installation. Plus powered
unfit for vulcanized splices, the Flexco SR installation options speed installation
fastener features a patented Scalloped Edge and reduce worker fatigue.
Scalloped Edge
Lower fastener profile extends

belt splice life
Less effort required for
installation
Reduces maintenance costs
Viewport assures proper
installation alignment
Viewport
www.flexco.com
3
FLEXCO SR ® ™
Fastener Selection Guidelines

Measure belt thickness
Specify the Right Flexco® Rivet Hinged Fastener
1. Determine belt tension.
Most conveyor belting has a mechanical fastener rating.
Care should be taken not to operate the belting or
fasteners beyond their recommended ratings.
2. Measure belt thickness.

If fasteners are to be countersunk, measure the belt thickness
after a portion of the belt cover has been removed. Choose
a fastener size which corresponds to belt thickness. Measure smallest pulley diameter
3. Measure the diameter of the smallest pulley in your system.
Only consider pulleys over which the belt makes at least a 90°
wrap. For tail or take-up of the self-cleaning “wing type pulley”,
25% larger diameter dimensions are usually required.
4. Choose the fastener size that is appropriate for your specifications.

Consult the selection chart on page 4 to guide your selection.
5. Select material.
Refer to the material selection chart on page 4 for the
Select fastener size
metal characteristics which best suit your application.
Not all sizes are available in all metals.
6. Select installation method.

Flexco® SR™ fasteners can be hammer applied or a power installation
option can be chosen to speed installation time.
Refer to pages 12-14.
7. Select rivets.
Refer to page 8 to choose the appropriate rivets for your application.
Select installation method
8. Select hinge pin.
Refer to page 10 to match the hinge pin to your application.
Select rivets
4
FLEXCO SR ® ™
Fastener Selection Guidelines

Use the charts below to match the Flexco® SR™ fastener to your needs. Find the fastener metal type required
for your application. Then choose the ordering number that corresponds to your belt’s width from the charts
on the following pages.
R2 R5 R5½ R6 R8 R9
Flexco® Rivet Hinged Fastener Selection Chart

Recommended Min. Pulley Diameter
For Belts With Mechanical
Belt Thickness Range
Fastener Size Fastener Ratings Up To: Operating Tension Operating Tension
Under 100% of Belt Rating Under 75% of Belt Rating
P.I.W. kN/m in. mm in. mm in. mm
R2 330 60 1/8-3/8 3-10 5 127 5 127
R5 450 79 7/32-7/16 6-11 9 230 7 175
R5-1/2 650 114 5/16-19/32 8-15 12 300 10 250
R6* 800* 140 13/32-11/16 10.5-17 18 450 16 400
R6LP 800 140 5/16-23/32 8-18 18 450 16 400
R8 1500 263 13/32-11/16 10.5-17 18 450 16 400
R9 2000 350 5/8-1 16-25.5 42 1050 42 1050
* R6 can be used in certain applications up to 1200 P.I.W. (210 kN/m) with R6 RustAlloy® and stainless steel rivets. Contact Flexco Marketing or Engineering for details.
Fastener Materials
Steel: Galvanized steel is the standard fastener MegAlloy®: Superior resistance to wear and abrasion.
material for most applications. Galvanization Provides several times the service life of steel.
helps combat mild corrosion. RustAlloy®: Low chrome, stainless steel
Stainless: 300 Series: Provides extra resistance alloy that resists corrosion due to acidic
to abrasion, magnetic attraction, and corrosion mine water or other chemical attack.
from acids and other chemicals.
Fastener Metals
Abrasion Chemical Rust
Fastener Material Magnetic Spark-Free Available Sizes
Resistance Resistance Resistance
Galvanized Steel Good Poor Fair Yes No R2, R5, R5½, R6
300 Series Stainless Steel Good Good to Excellent Excellent Slightly No R2, R5, R9
MegAlloy® Excellent Poor Poor Yes No R2, R5, R5½
RustAlloy® Good Good Good Yes No R5, R5½, R6, R8
www.flexco.com
5
FLEXCO SR ® ™
Fasteners
Flexco® R2 Flexco® R2, R5 and R5½ MegAlloy®
Unique two teeth/two rivet combination offers For superior resistance to wear and abrasion,
highest efficiencies in strength and durability Flexco® Rivet Hinged Fasteners are available
for medium-duty applications. in R2, R5, and R51/2 MegAlloy®. Fasteners are
supplied as 4 plate strips and are packaged 10
strips per box.
Flexco® R2, R5, R5 ½

Flexco® R2
Ordering Number
Belt Ordering Number
Width Rivets Required MegAlloy®
Stainless for One Joint R2MA-SE
Steel
in. mm 300 Series
R5MA-SE
12 300 R2-12/300 R2S-12/300 24 R5-1/2MA-SE
18 450 R2-18/450 R2S-18/450 40
24 600 R2-24/600 R2S-24/600 52
30 750 R2-30/750 R2S-30/750 64 Plates Required for MegAlloy®
36 900 R2-36/900 R2S-36/900 80 Plates Required For One R2MA Joint*
42 1050 R2-42/1050 R2S-42/1050 92 Belt Width Plates Required
48 1200 R2-48/1200 R2S-48/1200 108 for One Joint
in. mm
54 1350 R2-54/1350 R2S-54/1350 120
18 450 20
60 1500 R2-60/1500 R2S-60/1500 136
24 600 26
Two fastener strips per package.
30 750 32
36 900 40
Flexco® R5 42
48
1050
1200
46
54
Ideal for applications such as wood processing or 54 1350 60
construction equipment with smaller pulleys as 60 1500 68
Plates Required For One R5MA Joint*
well as for underground mining.
18 450 20
24 600 26
30 750 32
36 900 40
42 1050 46
48 1200 54
Flexco R5 Scalloped Edge (Continuous Strip)
®
54 1350 60
Belt Ordering Number Rivets
60 1500 68
Width Required
Stainless Rustalloy® for One 72 1800 82
Steel
in. mm 300 Series 400 Series SS Joint Plates Required For One R5½MA Joint*
18 450 R5-SE-18/450 R5S-SE-18/450 100 18 450 20
24 600 R5-SE-24/600 R5S-SE-24/600 RAR-SE-24/600 130 24 600 26
30 750 R5-SE-30/750 R5S-SE-30/750 RAR-SE-30/750 160 30 750 32
36 900 R5-SE-36/900 R5S-SE-36/900 RAR-SE-36/900 200 36 900 40
42 1050 R5-SE-42/1050 R5S-SE-42/1050 RAR-SE-42/1050 230 42 1050 46
48 1200 R5-SE-48/1200 R5S-SE-48/1200 RAR-SE-48/1200 270 48 1200 54
54 1350 R5-SE-54/1350 RAR-SE-54/1350 300 54 1350 60
60 1500 R5-SE-60/1500 R5S-SE-60/1500 RAR-SE-60/1500 340 60 1500 68
72 1800 R5-SE-72/1800 410 72 1800 82
Two fastener strips per package. *4 Plate Strips. 10 Strips Per Box
6
FLEXCO SR ® ™
Fasteners
Flexco® R5½
Midsize R5½ is ideal as an upgrade for R5 or in applications
where pulley size prohibits the use of R6.
R5½ Scalloped Edge (Continuous Strip)

Width Rivets Required
Rustalloy® for One Joint
Steel 400 Series SS
in. mm
18 450 R5-1/2-SE-18/450 100

24 600 R5-1/2-SE-24/600 RAR5-1/2-SE-24/600 130
30 750 R5-1/2-SE-30/750 RAR5-1/2-SE-30/750 160
36 900 R5-1/2-SE-36/900 RAR5-1/2-SE-36/900 200
42 1050 R5-1/2-SE-42/1050 RAR5-1/2-SE-42/1050 230
48 1200 R5-1/2-SE-48/1200 RAR5-1/2-SE-48/1200 270
54 1350 R5-1/2-SE-54/1350 RAR5-1/2-SE-54/1350 300
60 1500 R5-1/2-SE-60/1500 RAR5-1/2-SE-60/1500 340
72 1800 R5-1/2-SE-72/1800 RAR5-1/2-SE-72/1800 410
Two fastener strips per package
Flexco® R6 and R6LP Low Profile

R6 can be used in certain applications up to 1200 P.I.W. (210 kN/m) with R6
RustAlloy and stainless steel rivets. Contact the Flexco Marketing or Engineering
department for details.
R6LP features a lower fastener profile for improved compatibility with cleaner
blades, skirt rubber, and return idlers.
R6 and R6LP (Continuous Strip)

Belt Width Ordering Number
Rivets
Rustalloy® Required
Rustalloy®
in. mm Steel 400 Series SS Low Profile for One Joint
400 Series SS
24 600 R6-SE-24/600 130
30 750 R6-SE-30/750 160
36 900 R6-SE-36/900 200
42 1050 R6-SE-42/1050 RAR6-SE-42/1050 RAR6LP-SE-42/1050 230
48 1200 R6--SE-48/1200 RAR6-SE-48/1200 RAR6LP-SE-48/1200 270
www.flexco.com
7
FLEXCO SR ® ™
Fasteners
Flexco® R8
Eight-rivet pattern designed for use on mainline and panel belts
with mechanical fastener ratings up to 1500 P.I.W. (263 kN/m). For
questions regarding R8 and your application, contact the Flexco
Marketing or Engineering department.
R8 Scalloped Edge (Continuous Strip)

Rustalloy® for One Joint
in. mm 400 Series SS
48 1200 RAR8-SE-48/1200 432

54 1350 RAR8-SE-54/1350 480
60 1500 RAR8-SE-60/1500 544
72 1800 RAR8-SE-72/1800 656
84 2130 RAR8-SE-84/2130 768
Flexco® R9
For high-tension or thick belt applications up to 2000 P.I.W.
(350 kN/m), R9 has greater reachback, a thicker plate, and an
enhanced loop area for larger pin diameters.
R9 Scalloped Edge (Continuous Strip)

Stainless for One Joint
in. mm 300 Series
48 1200 R9S-SE-48/1200 432

54 1350 R9S-SE-54/1350 480
60 1500 R9S-SE-60/1500 544
72 1800 R9S-SE-72/1800 656
84 2130 R9S-SE-84/2130 768
8
FLEXCO SR ® ™
Rivets
Rivets are available in either steel or stainless steel. Rivets are packaged 250 rivets per box. SRAA, SRA, SRB, and SRC
rivets are also available in 100-count packages. Bulk packs of 2,000 rivets are also available in reusable plastic buckets.
Rivet Selection Chart Rivets

Belt Thickness Range Stainless
Rivet Steel Type 430
in. mm Size
Box (100 Rivets)
R2 SRAA-100
1/8-7/32 3-6 SRAA SRA-100
3/16-5/16 4-8 SRA SRB-100
9/32-3/8 7-10 SRB SRC-100
R5 Box (250 Rivets)
7/32-5/16 6-8 SRA SRAA SRAA-S
9/32-3/8 7-10 SRB SRA SRA-S
11/32-7/16 9-11 SRC SRB SRB-S
13/32-7/16 10.5-11 SRC/D SRC SRC-S
R5½ & R6LP SRC/D SRC/D-S
5/16-11/32 8-9 SRB SRD SRD-S
5/16-13/32 8-10.5 SRC SRE SRE-S
3/8-15/32 10-12 SRC/D SRF SRF-S
7/16-17/32 11-13.5 SRD SRG SRG-S
1/2-19/32 13-15 SRE SRH SRH-S
9/16-21/32 14-16.5 SRF* SRI SRI-S
5/8-23/32 16-18 SRG* SRJ SRJ-S
R6 SRK SRK-S
13/32-7/16 9-11 SRC/D Bucket (2000 Rivets)
13/32-1/2 10.5-13 SRD SRA-2M SRA-S-2M
15/32-9/16 12-14 SRE SRB-2M SRB-S-2M
17/32-5/8 13.5-16 SRF SRC-2M SRC-S-2M
19/32-11/16 15-17 SRG SRC/D-2M SRC/D-S-2M
R8 SRD-2M SRD-S-2M
13/32-7/16 10.5-11 SRC/D SRE-2M SRE-S-2M
13/32-1/2 10.5-13 SRD SRF-2M SRF-S-2M
15/32-9/16 12-14 SRE SRG-2M SRG-S-2M
17/32-5/8 13.5-16 SRF SRH-2M SRH-S-2M
19/32-11/16 15-17 SRG SRI-2M SRI-S-2M
R9 SRJ-2M SRJ-S-2M
15/32-9/16 12-14 SRE SRK-2M SRK-S-2M
17/32-5/8 13.5-16 SRF Self-setting, pre-assembled with pilot nails
19/32-11/16 16-17 SRG
21/32-3/4 16.5-19 SRH
23/32-13/16 18-21 SRI
25/32-7/8 20-22 SRJ**
29/32-1" 23-25.4 SRL**
* Applies to RAR6LP only.
** Use with 3/4” diameter hinge pin.
www.flexco.com
9
FLEXCO SR ® ™
Rivets
Rapid Loader™ Rapid Loader™
Collated Rivet Strips
Collated Rivet Strips Color Ordering Number
Size
Unique Flexco® Rapid Loader™ collated Code R5, R5½, R6 R8, R9
rivet strips make it easy to load 20 rivets Steel
A Red CSRLA
into your multiple guide block at one B White CSRLB
time and eliminate time consuming C Blue CSRLC Rapid Loader™ Collated Rivet Strips
C/D Orange CSRLC/D CSRL8C/D
handling of individual rivets. D Green CSRLD CSRL8D
E Purple CSRLE CSRL8E
• Supplied in color-coded strips for
F Yellow CSRLF CSRL8F
easy identification of rivet sizes G Black CSRLG CSRL8G
H Gray CSRL8H
• Available in steel or stainless steel I Lt. Blue CSRL8I
J Brown CSRL8J
• Arrives ready-to-use in K Beige CSRL8K
convenient buckets Stainless (Type 430)
A Red CSRLA-S
B White CSRLB-S
C Blue CSRLC-S
C/D Orange CSRLC/D-S CSRL8C/D-S Conveniently packed, easy-to-use
D Green CSRLD-S CSRL8D-S
E Purple CSRLE-S CSRL8E-S
F Yellow CSRLF-S CSRL8F-S
G Black CSRLG-S CSRL8G-S
H Gray CSRL8H-S
I Lt. Blue CSRL8I-S
J Brown CSRL8J-S
K Beige CSRL8K-S
Rapid Loader™ Rapid Loader™

Collated Rivet Strips with Washers
Collated Rivet Strips Color Ordering Number Rapid Loader™ Collated Rivet Strips
with Washers Size
Code R5, R5½, R6 R8, R9 with washers
Steel
Rapid Loader strips with washers A Red CSRLA-W
have been designed to be used in B White CSRLB-W
C Blue CSRLC-W
combination with steel guide blocks.
C/D Orange CSRLC/D-W CSRL8C/D-W
• Supplied in color-coded strips for D Green CSRLD-W CSRL8D-W
E Purple CSRLE-W CSRL8E-W
easy identification of rivet sizes F Yellow CSRLF-W CSRL8F-W
G Black CSRLG-W CSRL8G-W
• Available in steel or stainless steel H Gray CSRL8H-W
I Lt. Blue CSRL8I-W
• Arrives ready-to-use in
J Brown CSRL8J-W
convenient buckets K Beige CSRL8K-W
Stainless (Type 430) Speed Installation Time
A Red CSRLA-S-W
B White CSRLB-S-W
C Blue CSRLC-S-W
C/D Orange CSRLC/D-S-W CSRL8C/D-S-W
D Green CSRLD-S-W CSRL8D-S-W
E Purple CSRLE-S-W CSRL8E-S-W
F Yellow CSRLF-S-W CSRL8F-S-W
G Black CSRLG-S-W CSRL8G-S-W
H Gray CSRL8H-S-W
I Lt. Blue CSRL8I-S-W
J Brown CSRL8J-S-W
K Beige CSRL8K-S-W
L Teal CSRL8L-S-W
10
FLEXCO SR ® ™
Hinge Pins
Selection Charts
A wide selection makes it easy to match pins to the needs of the application. Selection ranges from bare steel
cable to nylon-covered armored cable. Use the brief descriptions and the chart below to identify which hinge pins
are available for each fastener type.
Hinge Pin Material Selection

AC – Bare Armored NAC – Nylon Covered NC – Nylon Covered SC – Bare Steel Cable:
Cable: Heavy-duty, long- Armored Cable: Combines a Steel Cable: Nylon covering Recommended for abrasive or
wearing pin popular in durable armored steel wrap prevents pin migration. gritty material conveyance.
underground mining with a nylon covering for Not recommended in SSC – Bare Stainless Steel
applications. Armor wrapping smooth operation and long wet, abrasive applications. Cable: For conditions where
protects interior wires. service life. Nylon covering For R2 and R5 only. corrosion attacks steel pins.
ACS – Bare Armored prevents pin migration. Not NCS – Nylon Covered For R2 and R5 only.
Stainless Steel Cable: The same recommended in wet, Stainless Steel Cable: For
advantages as bare armored abrasive applications. greater corrosion resistance.
cable plus corrosion resistance. Not recommended in
wet, abrasive applications.
For R2 and R5 only.
AC AC NA NC NC SC SS
-B S- C- S- -B C-
are Ba Ny -N Ny are Ba
re lon ylo lon re
Ar Ar nC St St
mo mo Co ov Co ee ain
red red ve ere ve lC les
Ca St red dS red ab sS
ble ain Ar St le tee
mo tee ain
les lC les lC
sC red ab ab
ab Ca le sC le
le ble ab
le
R2 & R5
Ordering Number
Belt *ACS NAC NC *NCS
AC
Width Bare Armored Nylon Covered Nylon Covered Nylon Covered
Bare Armored Cable Stainless Cable Armored Cable Steel Cable Stainless Cable
(1/4” Dia.) (17/64” Dia.) (1/4” Dia.) (1/4” Dia.) (1/4” Dia.)
Each Package Each Package Each Package Each Package Each Package
in. mm
(One Pin) (Ten Pins) (One Pin) (Ten Pins) (One Pin) (Ten Pins) (One Pin) (Ten Pins) (One Pin) (Ten Pins)
12 300 NC-12-1
18 450 AC-18-1 AC-18 NAC-18-1 NAC-18 NC-18-1 NC-18
20 500 NC-20-1
24 600 AC-24-1 AC-24 NAC-24-1 NAC-24 NC-24-1 NC-24 NCS-24-1 NCS-24
30 750 AC-30-1 AC-30 ACS-30-1 ACS-30 NAC-30-1 NAC-30 NC-30-1 NC-30 NCS-30-1 NCS-30
54 1350 AC-54-1 ACS-54-1 ACS-54 NAC-54-1 NC-54-1 NC-54 NCS-54-1 NCS-54
60 1500 AC-60-1 ACS-60-1 ACS-60 NAC-60-1 NC-60-1 NC-60 NCS-60-1 NCS-60
72 1800 AC-72-1 ACS-72-1 ACS-72 NAC-72-1 NC-72-1 NC-72 NCS-72-1
*300 Series 100 Foot Coils 100 Foot Coils
NC-C NCS-C
www.flexco.com
11
FLEXCO SR ® ™
Hinge Pins
For R2 & R5 For R5
Ordering Number Ordering Number
Belt SC *SSC Belt SC932 *SSC932
Width Bare Steel Cable Bare Stainless Cable Width Bare Steel Cable Bare Stainless Cable
(1/4” Dia.) (7/32” Dia.) (9/32” Dia.) (9/32” Dia.)
Each Package Each Package Each Package Each Package
in. mm in. mm
(One Pin) (Ten Pins) (One Pin) (Ten Pins) (One Pin) (Ten Pins) (One Pin) (Ten Pins)
18 450 SC-18 SSC-18 18 450 SC932-18-1 SSC932-18-1
24 600 SC-24-1 SC-24 SSC-24-1 SSC-24 24 600 SC932-24-1 SSC932-24-1
30 750 SC-30-1 SC-30 SSC-30-1 SSC-30 30 750 SC932-30-1 SC932-30 SSC932-30-1 SSC932-30
40 1000 40 1000 SC932-40-1 SC932-40 SSC932-40-1 SSC932-40
46 1150 46 1150 SC932-46-1 SC932-46 SSC932-46-1 SSC932-46
72 1800 SC-72-1 SSC-72-1 72 1800 SC932-72-1 SSC932-72-1
*300 Series *300 Series
For R5½, R6, R6LP For R5½, R6, R6LP, R8 For R6, R6LP For R9
Ordering Number Ordering Number Ordering Number Ordering Number
Belt AC6 Belt *ACS6 Belt NAC6 Belt *NCS
SC6
Width Bare Armored Width Bare Armored Width Nylon Covered Width Nylon Covered
Bare Steel Cable
Steel Cable Stainless Cable Armored Cable Stainless Cable
(23/64” Dia.)
(3/8” Dia.) (3/8” Dia.) (13/32” Dia.) *(5/8” dia.) (3/4” dia.)
Each Package Each Package Each Package Each Package Each Each
in. mm in. mm in. mm in. mm
(One Pin) (Ten Pins) (One Pin) (Ten Pins) (One Pin) (Ten Pins) (One Pin) (Ten Pins) (One Pin) (One Pin)
24 600 AC6-24-1 AC6-24 24 600 24 600 NAC6-24-1 NAC6-24 24 600
30 750 AC6-30-1 AC6-30 30 750 30 750 NAC6-30-1 NAC6-30 30 750
36 900 AC6-36-1 AC6-36 SC6-36 36 900 ACS6-36/900-1 ACS6-36/900 36 900 NAC6-36-1 NAC6-36 36 900
40 1000 AC6-40-1 AC6-40 SC6-40-1 SC6-40 40 1000 ACS6-40-1 ACS6-40 40 1000 NAC6-40-1 NAC6-40 40 1000
42 1050 AC6-42-1 AC6-42 SC6-42-1 SC6-42 42 1050 ACS6-42-1 ACS6-42 42 1050 NAC6-42-1 NAC6-42 42 1050
46 1150 SC6-46-1 SC6-46 46 1150 ACS6-46-1 ACS6-46 46 1150 NAC6-46-1 NAC6-46 46 1150
48 1200 AC6-48-1 AC6-48 SC6-48-1 SC6-48 48 1200 ACS6-48-1 ACS6-48 48 1200 NAC6-48-1 NAC6-48 48 1200 NCS962-48-1 NCS975-48-1
84 2130 AC6-84 SC6-84-1 SC6-84 84 2130 ACS6-84-1 ACS6-84 84 2130 NAC6-84-1 NAC6-84 84 2130 NCS962-84-1 NCS975-84-1
*300 Series *300 Series
Hinge Pin Retaining Collars Hinge Pin Retaining Collars

Prevent “pin migration.” These utilize For Pin Ordering
Diameter Number
knurled point screws and self-locking
7/32-9/32 HPRET1
nylon patches to hold hinge pin in place.
23/64-13/32 HPRET2
Hinge Pin Retaining Collar

12
FLEXCO SR ® ™
Hand Applicator Tools

MSRT Multiple Rivet Driving Tool
Easy-to-use, portable tool that makes multiple rivet
driving simple and fast. The MSRT tool holds the
belt, fastener strip, and the guide block (included)
securely in place. Using the multiple drive rod,
up to 8 rivets can be driven simultaneously. Plus,
each guide block holds enough rivets to install four Aluminum MSRT
fastener plates before reloading. Steel MSRT
MSRT Applicator Complete*
For installation of R5, R5½, and R6 Fasteners
Aluminum MSRT Belt Width
Ordering Number
The easy-to-use Aluminum MSRT tool in. mm
complements our Flexco® SR™ Fastening System 30 750 MSRT-30
Aluminum MSRT
36 900 MSRT-36
Aluminum MSRT Applicator Complete*
with a focus on providing a lightweight, portable For installation of R5, R5½, and R6 Fasteners
application tool. The tool features: 42 1050 MSRT-42
Belt Width
48 1200 MSRT-48 Ordering Number
• Fast, accurate positioning of fastener strips in. mm
60 1500 MSRT-60
30 750 MSRT-30-AL
72 1800 MSRT-72
• Riser plate allows for smooth transition of belt in 36 900 MSRT-36-AL
84 2130 MSRT-84
fastener strips 42 1050 MSRT-42-AL
MSRT8 Applicator Complete* 48 1200 MSRT-48-AL
• Robust design on clamp bar with Acme threading For installation of R6, R6LP, and R8 Fasteners
60 1500 MSRT-60-AL
provides maximum holding capabilities 48 1200 MSRT8-48
72 1800 MSRT-72-AL
60 1500 MSRT8-60 84 2130 MSRT-84-AL
• Cambered Clamp Bar and riser plate designed 72 1800 MSRT8-72 96 2430 MSRT-96-AL
with serrated grips for more secure clamping and 84 2130 MSRT8-84 Aluminum MSRT8 Applicator Complete*
operator efficiency Aluminum MSRT9 Applicator Complete* For installation of R6 and R8 Fasteners
For installation of R9 Fasteners 48 1200 MSRT8-48-AL
Aluminum Content 48 1200 MSRT9-48 60 1500 MSRT8-60-AL
Percent 60 1500 MSRT9-60 72 1800 MSRT8-72-AL
Aluminum 72 1800 MSRT9-72 84 2130 MSRT8-84-AL
Alloy Type Mg Ti
Magnesium Titanium 84 2130 MSRT9-84 96 2430 MSRT8-96-AL
5356 5.5 0.2 *Includes two Multiple Guide Blocks, two Multiple Drive Rods, two 4 lb. Hammers, Lubricant and one Canvas Carry Bag.
6005 0.6 0.1
6061 1.0 0.0
7075 2.5 0.0
SRTA Applicator Complete
Belt Width Ordering
SRTA Single Rivet Driving Tool in.
30
mm
750
Number
SRTA-30
Used for single rivet driving, the SRTA 36 900 SRTA-36
tool includes an anvil plate surface and the 42 1050 SRTA-42 Single Rivet Driver Tool
SR-50 driver. The SR-50 holds and positions 48 1200 SRTA-48 Ordering
Description
the rivet and helps ensure safe rivet driving. 60 1500 SRTA-60 Number
It’s also portable, economical, and requires 72 1800 SRTA-72 Driver Tool Complete SR-50
84 2130 SRTA-84 Drive Rod SR5-7
little maintenance.
Includes one SR-50 Driver
R2T Tool
R2T Applicator Tool
The economically priced R2 fastener
Tool Size
application tool is lightweight and portable, Ordering Number
so it is ideal for quick repairs. The six-pound in. mm
12” 300 R2T
R2T tool installs up to 12” (300 mm) of R2
Replacement Parts
fasteners in one pass. For wider belts, simply
Gauge Pin Guide SR26
move the tool over. For use with standard SR Anvil Insert (14/Bag) R2T-AI
self-setting rivets and a two-pound hammer. Use with SR-50 Single Rivet Driver
www.flexco.com
13
FLEXCO SR ® ™
Power Installation Tools

Pneumatic Single Rivet Driver
Faster, more consistent rivet driving for heavy-duty rivet hinged splices. The Pneumatic
Single Rivet Driver, along with our Flexco® SR™ fasteners and applicator tools, speeds
installation by up to 33%. A single trigger pull per rivet takes the guesswork out of rivet
driving to give you a uniform long-lasting splice every time.
• A powerful single trigger pull saves time and reduces worker fatigue
• Single trigger action along with collated rivets with washers and specially designed
steel guide blocks assures consistent rivet driving, leading to a longer lasting splice
• A heavy-duty tool built to stand up to tough use Consistent, long-lasting splice every time
• Works with standard MSRT or MBRTA applicator tools
Ordering Information
Ordering Item
Description
Number Code
Pneumatic Single Rivet Driver* Pneudrive1 41992
8 Rivet Pattern SR™ Steel Guide Blocks 35RD-GB8-4 41998

5 Rivet Pattern SR™ Steel Guide Blocks 35RD-GB5-4 42000
*Includes one Pneumatic Single Rivet Driver, one Regulator, one Airhose, Instruction Manual,
and Safety Glasses.
The Pneumatic Single Rivet Driver is protected

The Flexco/Hilti DX 460-SR by a portable carrying case
Powder Actuated Installation Method

The portable Hilti DX 460-SR and the Flexco MSRT applicator tool eliminate
the need for heavy and cumbersome installation tools. The DX 460-SR is a fully-
automatic, .27 caliber powder-actuated fastening tool with power adjustment dial and
automatic cartridge advance and piston return has been approved by MSHA for use in
underground, gassy coal mines in the USA (MSHA PAD-1/02).
Installation requires only a standard Flexco® MSRT applicator tool, a steel guide block
assembly, Rapid Loader™ Collated Rivets with Washers, and the DX 460-SR.
The Hilti DX 460-SR is available from Hilti Mining.

Consult your local Hilti
representative for training on
Phone: 1-800-950-6614 safe and effective use of the
Fax: 1-800-950-6610 Hilti DX 460-SR system.
14
FLEXCO SR ® ™
Power Installation Tools

To make installation of mechanical rivet fasteners quicker and easier,
Flexco offers portable power tools. They not only reduce worker
fatigue, but also ensure the creation of uniform splices, every time.
Electric Powered Rivet Driver

Electric Powered Rivet Driver
Speed installation of occasional splicing Electric Powered Rivet Driver
Ordering
Description
as well as production splicing with a Number
portable Electric Powered Rivet Driver. Standard Kit * EPRDSSK-1
Straight Shank
EPRDSS-DR
• Ergonomically designed and balanced Replacement Drive Rod
Step Shank**
• Uses standard 110 volt electric EPRDVS-DR
Replacement Drive Rod
*Kit includes Driver, two Custom Drive Rods,
• Comes with custom drive rod for use and Convenient Carrying Case.
with standard MSRT installation tools **For use with previous model: EPRDVSK-1.
• Works with standard MSRT guide blocks

to ensure proper rivet placement
Electric Powered Rivet Driver Installation
Air Powered Rivet Driver

For fast, safe installation of Flexco® Air Powered Rivet Driver
Ordering
Rivet Hinged Fasteners, use the Description
Number
Air Powered Rivet Driver. Air Powered
PTRDK
Rivet Driver-Complete*
• Small, lightweight tool for easy use Replacement Parts
• Comes with custom drive rod for use Air Powered Rivet Driver PTAH
Retaining Spring PTRD-RS
with standard MSRT applicator tools
Drive Rod with Hold Down
PTRD-DR
Spring and Washer
• Ergonomic handle for added
*Includes Air Powered Rivet Driver, Retaining
operator comfort Spring, and Drive Rod with Hold Down Spring
and Washer.
• Requires a minimum air pressure
90 PSI for operation Air Powered Rivet Driver
Consistent Splicing
The heavy-duty tool
allows for more
compression of fastener
plates resulting in a
smooth and consistent
splice that is compatible
with conveyor
components.
Air Powered Rivet Driver Installation
www.flexco.com
15
FLEXCO SR ® ™
Belt Preparation Tools

Flex-Lifter™ Belt Lifter Flex-Lifter™
Ordering
Lifting a conveyor belt out of the way to do belt Description
Number
repair and maintenance can be a difficult and Medium Flex-Lifter FL-M
hazardous job. The Flex-Lifter™ safely lifts and holds Large Flex-Lifter FL-L
tensioned conveyor belts up to the stated ratings. XL Flex-Lifter FL-XL
XL V-Return Lift Bar FLVRL-XL
• Highest safe lift rating available: 4000 lbs
(1810 kg) for the Medium and Large models; Aluminum Content
Percent
6000 lb (2700 kg) for the XL model Aluminum
Mg Ti
Flex-Lifter™ Belt Lifter
Alloy Type
Magnesium Titanium
• Eliminates pry bars and manual lifting 4043 0.05 0.2
5356 5.5 0.2
• Wide, dual-rail base maintains unit stability 6005 0.6 0.1
6061 1.0 0.0
• Optimized lift height provides sufficient 6063 0.7 0.0
room to make repairs safely 7075 2.5 0.0
Far-Pul® HD Belt Clamps Far-Pul® HD® Belt Clamps

Easy-to-use, lightweight and sturdy belt clamp, Belt Width Ordering
in. mm Number
specially engineered for heavy-duty applications.
Up to 30 Up to 750 LSHD30 Far-Pul® HD® Belt Clamp
With a load capacity up to three tons (2.7 metric
Up to 36 Up to 900 LSHD36
tons) when used with two 1-1/2 ton come-alongs,
it securely grips belts up to 1" (25 mm) thick.
• Provides even tensioning across belt width Up to 54 Up to 1350 LSHD54
• Retaining pins ensure scissors remain
secured on the bar
Aluminum Content
• Each set includes four clamp bars and four Aluminum
Percent
steel clamp scissors with carry bag Mg Ti
Alloy Type
Magnesium Titanium
6061 1.0 0.0
Belt Grip
Belt Grip Belt Grip

Ordering
When the belt grip is slipped over the belt edge Description
Number
at a right angle, belts can be pulled Sold by the pair 22
without damaging the belt surface.
Flexco® Belt Groover
Flexco® Belt Groover Flexco® Belt Groover
Ordering Number
Helps extend belt fastener service life by
FBG1
minimizing the effects of scraper and return
idler impact on splices.
Silicone Lubricant Silicone Lubricant

Ordering Number
Reduce friction on metal tools and rubber or SL5-1 Silicone Lubricant
fabric belt surfaces. Non-flammable. Does not
contain fluorocarbons.
16
FLEXCO SR ® ™
Belt Preparation Tools

Electric Belt Cutter Ordering Information
The Electric Belt Cutter quickly and easily Ordering
Description Item Code
Number
cuts all types of belting from the softest of
EBC1 30001
natural rubbers to the hardest constructed Corded Model
solid woven PVC and fabric plied belts. EBC2 30002
Electric Belt Cutter CEBC1 30018
• Designed for cutting all belt widths as Cordless Model
well as for extended, longitudinal cuts CEBC2 30019
• High speed, steel blade provides

Cutting Capacity
for a smooth, accurate cut EBC1/CEBC1
Description
• Spring loaded blade guard protects Imperial Metric
operator from cutting edge of blade Rubber Belt Up to 1” Up to 25 mm
Up to 360
• Cordless versions allow maximum PVC Belt
P.I.W.
Up to 630 EP
portability and convenience
EBC2/CEBC2
Description
Imperial Metric
Rubber Belt Up to 2” Up to 50 mm
900 Series* Belt Cutter Up to 1140
PVC Belt Up to 2000 EP
P.I.W.
900 Series* Belt Cutter * Patent pending
900 Series* Belt Cutter

The 900 Series Belt Cutter incorporates
Belt
numerous features for easy, smooth cutting Width Ordering
Description
of belts with extreme accuracy. Number
in. mm
• Cuts belts up to 1-1/2" (38 mm) 36” 900 900936
• Durable blade design that produces Cutter 48” 1200 900948
Complete for
highly accurate cuts while being belts up to
60” 1500 900960
fully enclosed for safety 1.5” (38 mm) 72” 1800 900972
84” 2130 900984
FSK™ Belt Skiver • Quick belt clamp feature
Replacement Blade Kit 900CBK
FSK™ Belt Skiver Aluminum Content

Portable, lightweight skiver adjusts easily Aluminum
Percent
and precisely to various cutting depths up to Alloy Type Mg Ti
Magnesium Titanium
3/8" (9.5 mm). It’s easy to carry and operate 5356 5.5 0.2
around the job site – even in cramped 6005 0.6 0.1
6061 1.0 0.0
operating environments. 7075 2.5 0.0
• Ideal for rubber-covered belts with top

covers 3/16 inch (4.5 mm) thick or more FSK™ Belt Skiver
Ordering
• Blade safely enclosed during Description
Number
FSK™ Belt Skiver with metal fence skiving operations Skiver Complete with Plastic Fence FSK2
Skiver Complete with Metal Fence FSK2M
• Drive Rollers aggressively grip belt
for added traction and stability
Authorized Distributor:
2525 Wisconsin Avenue • Downers Grove, IL 60515-4200 • USA

Tel: (630) 971-0150 • Fax: (630) 971-1180 • E-mail: info@flexco.com
Visit www.flexco.com for other Flexco locations and products.
©2009 Flexible Steel Lacing Company. Flexco®, Far-Pul®, MegAlloy®, RustAlloy® are registered trademarks. 09-11-17. For Reorder: X2178
Exhibit 2
Exhibit 3
(Portions Filed Under Seal Pursuant to
LR 5.8 and 26.2)
Exhibit 4
USOOD423749S
United States Patent (19) 11 Patent Number: Des. 423,749
Musil et al. (45) Date of Patent: : - Apr. 25, 2000
54 CONVEYOR BELT FASTENER Attorney, Agent, or Firm Fitch, Even, Tabin & Flannery
75 Inventors: Edward C. Musil, Orland Park; John 57 CLAIM
H. Winkelman; Joseph C. Vogrig, We claim the ornamental design for a conveyor belt fastener,
both of Naperville, all of Ill. as shown and described.
73 Assignee: Flexible Steel Lacing Company, DESCRIPTION
Downers Grove, Ill.
FIG. 1 is a perspective view of a conveyor belt fastener
** Term: 14 Years according to our new design;
FIG. 2 is a top plan view of the conveyor belt fastener of
21 Appl. No.: 29/093,655 FIG. 1;
22 Filed: Sep. 14, 1998 FIG. 3 is a bottom plan view of the conveyor belt fastener
of FIG. 1;
51 LOC (6) Cl. ......................................................... 12-05 FIG. 4 is a left side elevational view of the conveyor belt
52 U.S. Cl. ............................................................... D34/29 fastener of FIG. 1;
58 Field of Search ................................. D34/28, 29, 35; FIG. 5 is a right side elevational view of the conveyor belt
104/172.1, 172.3, 162; 198/732, 844.2, fastener of FIG. 1;
733; 474/253, 255, 256; 24/33 B, 33 C, FIG. 6 is a front elevational view of the conveyor belt
33 P. 33 F, 33 R fastener of FIG. 1;
FIG. 7 is a rear elevational view of the conveyor belt fastener
56) References Cited of FIG. 1;
U.S. PATENT DOCUMENTS FIG. 8 is a cross-sectional view of the conveyor belt fastener
of FIG. 1 taken along line 8-8 of FIG. 2;
3,327,358 6/1967 Schick ..................................... 24/33 B FIG. 9 is a cross-sectional view of the conveyor belt fastener
3,742,557 7/1973 Francois ... ... 24/33 B of FIG. 1 taken along line 9-9 of FIG. 3; and,
4,653,156 3/1987 Stolz et al. .............................. 24/33 B FIG. 10 is a perspective view of the conveyor belt fastener
4,858,280 8/1989 Schick ..................................... 24/33 B of FIG. 1 in solid lines attached together in a strip of like
4,937,921 7/1990 Musil ........... ... 24/33 C fasteners as shown in broken lines.
5,348,143 9/1994 Musil et al. .. ... 474/255
5,539,959 7/1996 Schick .......... ... 24/33 B The broken line showing of the fastener's strip in FIG. 10 is
5,638,582 6/1997 Klatt et al. ... 24/33 P for illustrative purposes only and forms no part of the
5,669,115 9/1997 Sulzle ....... ... 24/33 B claimed design.
Primary Examiner Susan J. Lucas
Assistant Examiner Cynthia E. Ramirez 1 Claim, 2 Drawing Sheets
U.S. Patent Apr. 25, 2000 Sheet 1 of 2 Des. 423,749
Li gº LO
U.S. Patent Apr. 25, 2000 Sheet 2 of 2 Des. 423,749
FIG. 8
2. WN
| !Dae
L gº CO
Li C2 O
. O
Exhibit 5
(Filed Under Seal Pursuant to
LR 5.8 and 26.2)
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
GET THE
FACTS
About Mechanical Belt Fasteners
Strength, longevity and easy installation make them
a smart option for heavy-duty belt conveyor operations.
Mechanical
Belt Fasteners
Or Vulcanization?
No matter what you’re moving, minimizing downtime and maximizing output
are always top priorities — and they can be significantly affected by the way
you splice your belts.
Most belt conveyor operations

rely on one or both common
methods of splicing:
•M echanical Belt Fastening:
the process of joining belt ends
by metal hinges or plates
Mechanical fasteners can be installed by a variety of on-site,
easy-to-use tools.
• Vulcanization:
the process of joining belt ends
through heat and/or chemicals
Hot vulcanized splices are cured in a vulcanizing press

over time and under pressure.
2
Aggregate/Sand & Gravel
Cement
When it comes to choosing a splicing method, there are a

lot of factors to consider — from the thickness of your belt
and its operating tension to the temperature and moisture Underground Mining
levels in your environment. Vulcanization, for example,
tends to work best when you have:
> A clean belt that’s free of contaminating agents, such as

oil and sand
>A
belt that is compatible with adhesives
>A
trusted, certified vulcanizer to perform the procedure
>O
ptimal temperature, environmental conditions,
and humidity levels
> E asy access to the splice area and plenty of room to work
The quality of the belt and the amount of wear it exhibits

Bulk Material Handling
are also important when vulcanizing. A worn belt doesn’t
always cure evenly, which can result in a weaker splice.
If you have to splice under less-than-ideal conditions,

mechanical belt fasteners can be a smart alternative —
one that can have a big impact on your overall productivity.
Above Ground Mining

3
Vulcanization:
Some Common
Misconceptions
Every splicing method has its limitations, and vulcanizing is no exception.
That’s why it’s essential to get the facts before you decide how to splice.
Misconception:
It’s easy to make a good
vulcanized splice.
Misconception: ctually, vulcanizing is a complex process with a
A
All belts can be vulcanized. substantial chance of error. It takes specialized tools,
a skilled professional who knows the proper temperatures
ot true. Old and/or worn fabric belts are not well-suited
N
and pressures to use, and the approriate amounts of
to vulcanizing because the layers are weaker and will
adhesives when applying the chemical bonding materials.
become brittle when heat is applied. In addition, older
In addition, the adhesives used in the chemical bonding
rubber belts are also poor candidates for vulcanizing,
process must be stored at the appropriate temperature
as the bondable properties of rubber deteriorate over
levels in order to create a strong bond.
time. Finally, vulcanizing requires additional belt length,
so operations with little take-up simply may not have
enough belt to work with. Misconception:
Vulcanization doesn’t mean
a lot of downtime.
In fact, vulcanization requires you to shut down your
belt for a substantial amount of time — much longer
than mechanical splicing would. At minimum, a
properly vulcanized splice requires several hours for
the chemicals to cure, but you’re also at the mercy of
your vulcanizer’s schedule.
4
Misconception:
Vulcanization doesn’t
compromise belt strength.
Not true. Vulcanizing actually robs your belt of an entire ply
of strength — even more if it’s not done properly.
Cover Inlay
Direction of Travel Breaker Fabric
Breaker Fabric
Bottom Inlay
Reproduced with permission from Conveyor Equipment Manufacturers Association (CEMA).
standard step splice belt strength loss

Misconception: 4 Ply Belt 25%
You can vulcanize anytime, anywhere. 3 Ply Belt 33%
2 Ply Belt 50%
nly clean, dry, and relatively warm conditions are
O
suitable for vulcanizing. Chemical residue, excessive
moisture, and cold can interfere with the curing of the
adhesives and cause air pockets. These, in turn, weaken Misconception:
the strength of the splice. In addition, vulcanizing can be Inspecting a vulcanized splice is easy.
extremely difficult in areas that aren’t easily accessible.
In reality, the early signs of adhesion breakdown are nearly
invisible to the naked eye. Often, operators aren’t even
aware that a splice is experiencing problems until it fails —
a catastrophic event that requires the immediate shut
down of the line.
5
Mechanical Belt Fasteners:
Real Benefits For

Your System
Mechanical belt fasteners combine surprising strength and durability with
affordability and easy installation. That makes them a smart option when your
priority is saving time and money.
Fact: Mechanical fasteners Fact: Mechanical fasteners

are easy to install, are compatible with almost any
which helps type of belt.
reduce downtime. In addition to extendable, high stretch and worn belts,
mechanical fasteners work with:
Most mechanical fasteners can
be installed in an hour or less, • Rubber plied belting
using only your on-site crew. Plus, • Straight warp belting
Flexco offers a complete line of
• PVC solid woven belting
portable, time-saving installation
tools to make mechanical splicing They’re also suitable for both temporary and
even more efficient. permanent splices.
Fact: Mechanical Fact: With mechanical fasteners,

fasteners can be installed under maintenance can be anticipated
virtually any conditions. and scheduled.
Unlike vulcanization, mechanical fasteners are not Because mechanical fasteners can be visually inspected,
affected by temperature, dirt, or humidity levels, so it’s simple to monitor splice performance and strength.
they’re ideal for harsh environments. This not only lets you avoid sudden splice failures, but
allows you to schedule maintenance and repairs for the
most convenient times.
Fact: Mechanical fasteners are

incredibly strong and durable.
Flexco manufactures fasteners that have been specially
engineered to withstand extremely heavy loads and high
belt tensions. In fact, we have fastening systems that
deliver consistent, long-lasting performance at up to
2000 P.I.W. (350 kN/m) of tension.
6
How Do
mechanical
fasteners
work?
The way belts are manufactured
has evolved over the years — and
so have mechanical belt fasteners.
Because today’s belts tend to be
thinner and made of synthetic
materials, Flexco has designed
fasteners with lower profiles that
grip almost any belt carcass.
Fact: Mechanical fasteners are Our fasteners achieve their holding

compatible with other belt products. power through a combination of
compression and penetration.
Flexco fasteners feature They feature plates that apply
a coined or “scalloped” firm, even pressure to top covers.
edge, allowing them to Some systems, like our rivet-based
interface seamlessly with
fasteners, are able to penetrate
belt cleaners, pulley
the belt without damaging carcass
lagging, and other conveyor
fibers. They literally “push” the
components. Our fasteners
fibers aside, passing between them
can also be countersunk
to create a completely
to embed the fastener in the belt.
smooth splice. In addition, we offer a complete line of belt Testing has shown that, with the
cleaners that offer multiple points of relief so they maintain right fastener, mechanical splices
maximum contact with the belt — and still pass easily over can withstand tensions of up to
mechanical splices. 2000 P.I.W. (350 kN/m). Just be sure
to check the mechanical fastener
rating of your belt before splicing —
Fact: Mechanical fasteners come that way, you can be sure
you’ve chosen a fastener that is
in an extensive array of sizes, compatible with the belt's rating.
configurations, and materials.
Flexco offers both solid
plate and hinged fasteners
in everything from steel to
rust-resistant alloys. Even
our hinge pins come in a
variety of materials to
ensure they deliver the
performance you need.
7
A Complete Line of Heavy-Duty Fasteners

Exclusively from Flexco
Our extensive line of heavy-duty mechanical belt fasteners includes both solid plate and hinged designs. Solid plate
fasteners are specifically engineered to stand up to the toughest loads. They eliminate sifting, while delivering high tensile
strength. Our hinged fasteners are well-suited for surface and underground mining, as well as applications with smaller
pulleys, like those in construction equipment or road machinery.
Flexco ® BR ™ Rivet Solid Plate Flexco ® SR ™ Rivet Hinged

• Multi-point rivet attachments that pass between Features:
the belt’s carcass fibers to ensure maximum grip • Hinged mechanical belt fastener with
• Smooth, coin-edged profile that eliminates hang-ups self-setting rivets
• Incredible wear and longevity • Low-profile, Scalloped Edge™ design that
• For belts with mechanical fastener ratings from 400 reduces hang-ups on cleaners, pulleys, etc.
to 800 P.I.W. (70 to 140 kN/m) and minimum pulley •D urable, long lasting, and easy to install
diameters from 14” – 36” (350 – 900 mm) • F or belts with mechanical fastener ratings
• Steel, Stainless Steel, MegAlloy®, Everdur from 330 to 2000 P.I.W. (60 to 350 kN/m)
• High-tension applications in sand and minimum pulley diameters from
and gravel, hard-rock mining, and 5” – 42” (125 – 1050 mm)
cement, with a belt thickness from
1/4” – 15/16” (6 – 24 mm) Materials:
• MBRTA Tool – For driving up to five rivets simultane- teel, Stainless Steel, RustAlloy®, MegAlloy®
•S
ously; holds the belt, fastener strip, and guide block
Recommended for:
securely in place for
• Underground mining, asphalt plants,
safe, easy installation
log belts, and other demanding
applications, with a belt thickness from
1/8” – 1” (3 – 25 mm)
Installation:
• SRTA Tool – For single-rivet driving;
includes an anvil plate and driver to
properly position each rivet
• MSRT Tool – For driving up to five rivets
simultaneously; holds the belt, fastener
strip, and the guide block in place for safe,
easy installation
Power Rivet Drivers: To make installation of mechanical rivet fasteners quicker and easier, we also offer
portable power tools. They not only reduce worker fatigue, but also ensure the creation of uniform splices, every time.
Electric Powered Rivet Driver Air Powered Rivet Driver Hilti DX 460-SR Powder Actuated Tool
Features: Features: Features:
• Portable, electric-powered tool • Portable, air-powered tool • Fully-automatic, .27 caliber,
• Adjustable settings that can be used with • Works with standard MSRT and MBRTA guide powder-actuated tool
multiple rivet sizes blocks to ensure proper rivet placement • Works with Flexco steel guide blocks and
• Works with standard MSRT and MBRTA guide • Required air pressure 90 PSI MSRT application tools
blocks to ensure proper rivet placement • Purchase the Hilti DX 460-SR from Hilti Mining
• MSHA approved for underground gassy mines
NOTE: Contact Flexco for other belt shop applications.
8
Flexco ® Bolt Solid Plate

Features:
• Sift-free splice with superior hold
• Ideal for high-tension, main-haulage belts
• Available with rubber covered top plates
for increased impact protection and
compatibility with belt cleaners
• For belts with mechanical fastener
ratings from 150 to 620 P.I.W.
(30 to 105 kN/m) and minimum
pulley diameters from 12” – 48”
(300 – 1200 mm)
Materials:
• Steel, Stainless Steel, MegAlloy®,
Everdur, Rubber Covered Top Plates
Recommended for:
• Sand, gravel, crushed stone, and
cement, with a belt thickness from
3/16” – 1-3/16” (5 – 30 mm)
Flexco ® Staple
Installation: Features:
• Belt Punches, Boring Bits, and Templets – • Machine-applied, narrow-looped
Speed installation by helping to correctly staple splice
position and create bolt holes • Patented built-in belt stops that ensure
accurate installation
• Beveled edges and deep, recessed staple
pockets that create a smooth profile
Flexco ® Bolt Hinged • For belts with mechanical fastener ratings
Features: of up to 800 P.I.W. (140 kN/m) and
• Compression fasteners with high tensile minimum pulley diameters of 9” – 12”
strength bolts (225 – 300 mm)
• Strong, dependable, and easy to install Materials:
• For belts with mechanical fastener ratings • Steel, Stainless Steel
from 190 to 300 P.I.W. (33 to 52 kN/m) and
minimum pulley diameters from 6” – 9” Recommended for:
(150 – 225 mm) • Mining operations that prefer a machine-
applied, narrow-looped staple splice
Materials:
• Steel, Stainless Steel, MegAlloy®, Everdur Installation:
Recommended for: • FST Tool – Portable tool that ensures
• Belts with frequent belt-length alterations correct placement and finished profile;
or smaller pulleys, with a belt thickness sets two staple legs simultaneously
from 1/4” – 7/8” (6 – 22 mm)
Installation:
• Belt Punches, Boring Bits, and Templets –
Speed installation by helping to correctly
position and create bolt holes
Flexco® BR™ Rivet Flexco® SR™ Rivet Flexco® Bolt Solid

Solid Plate Hinged Plate Flexco® Bolt Hinged Flexco® Staple
Quick Installation and Minimal Downtime **** ***** ** ** ***

Impact Resistance **** **** ***** **** ****
Abrasion Resistance ***** *** ***** *** **
Fastener / Cleaner Compatibility ***** **** *** *** ****
Overall Splice Strength ***** ***** ** * ***
Non-Magnetic *** *** *** ***** ***
Small Pulley Diameters *** ***** ** ***** *****
Inexpensive Splice *** *** ***** ***** ****
Inexpensive Installation Tooling ** *** ***** ***** *
9
Belt Maintenance Tools

With Built-In Safeguards
Flexco makes mechanical splicing safer and easier
At Flexco, we know that even routine belt maintenance carries the risk of injury
for your crew. So we’ve developed an exclusive line of tools with built-in safety
features to protect against on-the-job injuries. It’s part of our commitment to
giving your workers the resources they need to be safe and productive.
Flex-Lifter ™ Electric Belt Cutter

Conveyor Belt Lifter Features:
Features: • Available in two sizes
• Easily and safely lifts a tensioned • The EBC1 allows for cuts up to
belt up to the stated ratings 1” (25 mm) thick while the
• Wide, dual-rail base to maintain EBC2 provides for a thicker cut
unit stability up to 2” (50 mm)
• Optimized lift height to • Easily cuts all types of belting
provide sufficient room to from the softest of natural
make repairs safely rubbers to the hardest
constructed solid woven PVC
and fabric plied belts
• High speed, steel blade provides
Far-Pul ® HD ® Belt Clamps for a smooth, accurate cut and
Features: is protected by a spring loaded
• Provides even clamping tension blade guard for enhanced
across entire belt width for safer worker safety
belt maintenance • Designed for cutting all belt
• Securely grips belts up to widths, as well as for extended,
1” (25 mm) thick longitudinal cuts
• Adjusts easily for a variety
of belt widths
• Special built-in retaining pins to
ensure the clamps stay locked FSK ™ Belt Skiver
and securely in place Features:
• Lightweight, portable
• Accurate and adjustable
cutting depth
900 Series* Belt Cutter • Blade safely enclosed during
Features: skiving operation
• Safely and accurately cuts belts • For use on rubber covered
up to 1-1/2” (38 mm) thick belts with top covers of
• Blade is guided at the top to 3/16” – 3/8” (1.5 – 10 mm)
ensure perpendicular cuts
• Single-sided clamp reduces
operator cutting effort
* Patent Pending
10
Maximize Flexco Mechanical Belt

Fastening Systems
Your Productivity
With Mechanical
Belt Fasteners BR™ Rivet Solid Plate
Incorporating mechanical belt fasteners

into your splicing routine can have
big benefits for your output and your
bottom line.
Flexco offers an extensive line of heavy-duty fasteners that

can be installed quickly, using only your on-site crew —
SR™ Rivet Hinged
and that means less downtime and fewer costs for your
operation. In addition, our fasteners have been engineered
to work seamlessly with cleaners, lagging, and other
belt products.
We also employ conveyor belt experts who can assess

your system and recommend the right fasteners. With
decades of industry experience, they’re uniquely qualified
to help you find ways of getting more out of your system.
Bolt Solid Plate
No matter how you choose to splice, make sure to take
necessary precautions to protect your crew. And when
you’re ready to learn more about mechanical belt fasteners,
contact your partners in productivity at Flexco.
Bolt Hinged
Flexco® Staple
11
M a x i m i z e Y o u r O p e r at i o n ’ s P e r f o r m a n c e w i t h F l e x c o
Visit our website or contact your local distributor to learn more.

www.flexco.com
Australia: 61-2-8818-2000 • Chile: 56-2-8967870 • China: 86-21-33528388 • England: 44-1274-600-942 • Germany: 49-7428-9406-0
India: 91-44-6551-7771 • Mexico: 52 -55- 5674-5326 • Singapore: 65-6281-7278 • South Africa: 27-11-608-4180 • USA: 1-630-971-0150
©2009 Flexible Steel Lacing Company. Flexco®, Far-Pul®, HD®, MegAlloy®, and RustAlloy® are registered trademarks. 06-13. For Reorder: X2149
Exhibit 11
Flexco BR6
®
Solid Plate Fasteners
New Flexco® BR6 for Higher

Tension Applications with
Smaller Pulley Diameters
The new Flexco® BR6 fastener is an addition to our Rivet Solid Plate
fastening system. Ideal for pulley diameters as small as 14” (350 mm),
the 6-rivet configuration provides a staggered, multiple-point rivet
attachment to allow rivets to pass between carcass fibers without
severing them for maximum resistance to pull-out. Plus the patented
Scalloped Edge™ provides for a lower fastener profile to extend belt
splice life and reduce exposure to belt cleaner blades and other
conveyor components.
Flexco BR6 Rivet Solid Plate Fasteners provide

all the features of our existing line plus these
added features:
• For use with pulley diameters as small as 14” (350 mm) with operating
tensions at 75 to 100% of belt tension ratings.
• For use in applications with tension ranges up to 400 PIW (70 kN/m), or
greater, depending on the application.
• Flexco BR6 can be used with traditional plied belt as well as with straight
warp belting.
• Ideal for applications where a sift-free splice is needed.
• Offered in steel, stainless steel, and MegAlloy® for superior resistance to
wear and abrasion.
• Compatible with troughed belts with 20 degree and 35 degree
troughing idlers.
• BR6 Rivet Plate can be used as a successful alternative to
vulcanized applications.
www.flexco.com
www.flexco.com
Features flexco® BR6

and Benefits Solid Plate Fasteners
Flexco® BR6 Fastener Selection Guide

Minimum Pulley
For Belts With Mechanical Belt Thickness Diameter
Fastener Fastener Ratings Up To: Range Operating Tension
Size 75%-100% of Belt Rating
P.I.W. kN/m in. mm in. mm
BR6 400* 70* 1/4-21/32 6.5-17.0 14 350
* Contact Flexco Engineering for applications greater than 400 PIW (70kN/m)
Ordering Information Flexco® Scalloped

Flexco Scalloped Edge BR6
® ™ Edge™ BR6 MegAlloy®
Flexco ® BR6 fasteners nest
Ordering Item
securely in the tool to allow for Belt Width Ordering Item Ordering Item
Number Code
fast, accurate installation. in. mm Number Code Number Code
BR6MA-SE 41776
STEEL STAINLESS Each box of BR6 MegAlloy® fasteners
24 600 BR6-SE-24 40658 BR6S-SE-24 40769 contains ten 9-plate fastener strips
30 750 BR6-SE-30 40682 BR6S-SE-30 40787 for 60”/1500 mm of splicing.
36 900 BR6-SE-36 40683 BR6S-SE-36 40790
42 1050 BR6-SE-42 40684 BR6S-SE-42 40791
Each box of BR6 fasteners contains 4 fastener strips and
hold down assembly clips.
Flexco® Rivet Solid Plate Fasteners Flexco® Rivet Selection Gauge

And Rivets Required For Various Rivet Belt Thickness Range
Belt Widths Size in. mm
Belt Width No. of No. of
A 1/4 - 11/32 6.5 – 9.0
Increase operator efficiency with Fasteners Rivets
in. mm Required Required B 5/16 – 13/32 8.0 – 10.5
electric powered installation of
24 600 18 108
BR6 fasteners. C 3/8 – 15/32 9.5 – 12.0
30 750 22 132
C/D 7/16 – 17/32 11.0 – 13.5
36 900 27 162
D 1/2 – 19/32 13.0 – 15.0
42 1050 31 186
48 1200 36 216 E 9/16 – 21/32 14.5 – 17.0
60 1500 44 264
72 1800 54 324
84 2130 62 372
96 2430 72 432
Ordering Information
BR6 Rapid Loader™ Rivet Strips
Ordering Item Ordering Item
Use Rapid Loader™ Collated Rivet Number Code Number Code
Strips to speed installation of Flexco® STEEL STAINLESS
BR6 fasteners. CBR6A 41785 CBR6A-S 41795 Steel and stainless are packaged
CBR6B 41786 CBR6B-S 41796 4 strips to a box in standard strip
lengths of 24”, 30”, 36”, and 42”
CBR6C 41788 CBR6C-S 41797
(600, 750, 900, and 1050 mm).
CBR6C/D 41792 CBR6C/D-S 41798
MegAlloy® is packaged ten
CBR6D 41793 CBR6D-S 41799
9-plate fastener strip per box for
CBR6E 41794 CBR6E-S 41800 60”/1500 mm of splicing.
Authorized Distributor:

Visit www.flexco.com for other Flexco locations and products.
©2009 Flexible Steel Lacing Company. Flexco® and MegAlloy® are registered trademarks. 12-13. For Reorder: X2110
Exhibit 12
Exhibit 13
Exhibit 14
LR 5.8 and 26.2)
Exhibit 15
LR 5.8 and 26.2)
Exhibit 16
Exhibit 17
Page 13
1 A. SHELTON
2 A. P-Y-R-O.
3 Q. Okay. Pyro Mining Company.
4 A. Uh-huh.
5 Q. And how long were you employed by Pyro
6 Mining Company?
7 A. Pyro Mining Company, I -- it was for 29
8 years. It had changed names two or three times, and
9 it ended up being Lodestar Energy at the end.
10 Q. Okay. Understood. So through a series
11 of name changes or mergers?
12 A. Right.
13 Q. That's what you're referring to in the
14 29 years, is that next paragraph where it starts
15 "For 29 years"?
16 A. Yes.
17 Q. So that would have been inclusive of
18 your time at Pyro Mining, Lodestar, and any other
19 name changes in between?
20 A. Yes.
21 Q. And when you started at Pyro Mining
22 Company, what was your title or your role?
23 A. I was a greaser. I greased equipment on
24 third shift.
25 Q. And did you say -- are you saying
TSG Reporting - Worldwide 877-702-9580

Page 14
1 A. SHELTON
2 greaser, like grease, like --
3 A. Yeah, grease, you know, lubrication.
4 Q. Got it. Thank you.
5 And did your title change at all from
6 1974 to throughout the 29 years that you would have
7 worked for Pyro and Lodestar?
8 A. Yes, it changed several times.
9 Q. Could you -- you know, to the extent
10 that you're able to remember, could you walk me
11 through kind of the progression of your employment
12 while at Lodestar?
13 A. Okay. I went from that to what they
14 call a swing shift mechanic.
15 Q. Okay.
16 A. Then I went from there to what they call
17 a roving mechanic which went all over the mines
18 working on equipment and stuff.
19 Q. Is that roving like R-O-V-I-N-G?
20 A. Yes.
21 Q. Okay.
22 A. Then I went to the -- what was a second
23 shift maintenance foreman.
24 Q. Okay.
25 A. Then I went to -- from that, to a day
TSG Reporting - Worldwide 877-702-9580


Flexible Steel Lacing v. Conveyor Accessories - MSJ of Trade Dress Invalidity

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Flexible Steel Lacing v. Conveyor Accessories - MSJ of Trade Dress Invalidity

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Case: 1:17-cv-05540 Document #: 71 Filed: 11/08/18 Page 1 of 4 PageID #:258

IN THE UNITED STATES DISTRICT COURT

FLEXIBLE STEEL LACING COMPANY,

Plaintiff/Counter-Defendant, Civil Action No. 1:17-cv-05540

v. Judge: Ruben Castillo

CONVEYOR ACCESSORIES, INC., Magistrate: Judge Jeffrey Cole

CONVEYOR ACCESSORIES’ MOTION FOR

Pursuant to Fed. R. Civ. P. 56 and LR 56.1, Defendant, Conveyor Accessories, Inc.

In support thereof, CAI states as follows:

3. On October 31, 2018, fact discovery closed.

5. However, in accordance with TrafFix Devices, Inc. v. Marketing Displays, Inc.,

protectable, as a matter of law.

6. Pursuant to your Honor’s Motion Practice Guidelines, on November 6, 2018,

were unable to resolve the present dispute.

8. Granting the present motion for summary judgment would be dispositive of

Flexco’s complaint against CAI.

invalid and unprotectable.

DATED: November 8, 2018 Respectfully submitted,

CONVEYOR ACCESSORIES, INC.

By: /s/ Vincent M. Smolczynski

Scott G. Lindvall (pro hac vice)

/s/ Vincent M. Smolczynski

IN THE UNITED STATES DISTRICT COURT

FLEXIBLE STEEL LACING COMPANY,

Plaintiff/Counter-Defendant, Civil Action No. 1:17-cv-05540

v. Judge: Ruben Castillo

CONVEYOR ACCESSORIES, INC., Magistrate: Judge Jeffrey Cole

CONVEYOR ACCESSORIES’ BRIEF

A. Development of the Flexco’s Beveled Scalloped Leading Edge ............................ 3

B. Flexco’s Marketing of the Functional Benefits of the Beveled, Scalloped

1. Flexco’s ’308 Utility Patent ........................................................................ 6

2. Flexco’s ‘749 Design Patent ....................................................................... 8

3. Flexco Seeks Trademark Protection of its Scalloped Edge Design ............ 8

II. THE LAW ON FUNCTIONALITY ................................................................................... 9

III. FLEXCO’S ALLEGED TRADE DRESS IS FUNCTIONAL ......................................... 12

IV. CONCLUSION ................................................................................................................. 15

Arlington Specialties, Inc. v. Urban Aid, Inc.

Eco Mfg. v. Honeywell Intl. Inc.,

Georgia-Pacific Consumer Prods. v. Kimberly Clark Corp.,

Jay Franco & Sons, Inc. v. Franek,

Specialized Seating, Inc. v. Greenwich Indus.,

TrafFix Devices, Inc. v. Marketing Displays, Inc.,

15 U.S.C. § 1115(a) .......................................................................................................................12

15 U.S.C. § 1115(b)(8) ..................................................................................................................12

15 U.S.C. § 1125(a)(3) ...................................................................................................................12

invalid and non-protectable, as a matter of law.

of the ends of a conveyor belt using Flexco’s fasteners:

through the fasteners (similar to a door hinge pin).

Selecting an appropriate fastener involves consideration of a number of factors. For

components or belts. (SOF ¶ 9.)

A. Development of the Flexco’s Beveled Scalloped Leading Edge

were straight and beveled. (SOF ¶ ¶ 10, 35.)

Likewise, Mr. Westphall (Flexco’s current Director of Engineering) represented the

• “[A] low profile extends the belt splice life.”

(SOF ¶ ¶ 30, 31 (emphasis added).)

alignment during installation. (SOF ¶ 42.)

fastener to sink into the belt better. (SOF ¶ ¶ 44, 45.)

B. Flexco’s Marketing of the Functional Benefits of the Beveled, Scalloped

components.” (SOF ¶ 27) (emphasis added).

C. Flexco’s Attempts to Protect its Beveled, Scalloped Leading Edge Design

protection in a last-ditch effort to ward off rightful competition. (SOF ¶ 19.)

1. Flexco’s ’308 Utility Patent

leading edge of the fastener: