, EVEN IN COUNTRIES WHERE THERE WAS NO PATENT PROTECTING A PART OF THE SAILBOARD . ROYALTY STATEMENTS FROM LICENSEES WHICH WINDSURFING INTERNATIONAL HAS ITSELF PRODUCED AT THE COURT ' S REQUEST ALSO MAKE IT CLEAR THAT DELIVERIES OF RIGS AND PARTS FOR RIGS WERE MADE FROM 1978 .
17 HOWEVER , IN ASSESSING THE SIZE OF THE COMPONENTS MARKET , IT IS DIFFICULT TO ESTIMATE TO WHAT EXTENT SALES OF SEPARATE COMPONENTS WENT BEYOND THE MERE DELIVERY OF REPLACEMENT PARTS . THE ROYALTY STATEMENTS OF CERTAIN LICENSEES OF WINDSURFING INTERNATIONAL IN EUROPE , SUCH AS TEN CATE AND OSTERMANN , SHOW THAT UNTIL 1981 SUPPLIES OF SAILBOARD COMPONENTS REPRESENTED LESS THAN 10% OF THE TOTAL TURNOVER OF THOSE COMPANIES ; NEVERTHELESS IT IS NECESSARY TO TAKE INTO ACCOUNT THE FACT THAT THOSE LICENSEES SOUGHT AS FAR AS POSSIBLE TO AVOID SUPPLYING SEPARATE COMPONENTS OTHERWISE THAN AS REPLACEMENT PARTS . DATA SUPPLIED BY THE COMMISSION RELATING TO A LARGE BELGIAN UNDERTAKING INDICATE SALES AMOUNTING TO 8% OF THE TURNOVER FOR COMPLETE SAILBOARDS IN 1979 AND 17% IN 1980 , WHICH GIVES SLIGHTLY LOWER PERCENTAGES IN RELATION TO TOTAL TURNOVER .
18 IF IT IS BORNE IN MIND THAT THE GROWTH IN THE MARKET BROUGHT ABOUT A CONSTANTLY INCREASING DEMAND FOR REPLACEMENT PARTS AND THAT ACCORDING TO ESTIMATES MADE BY THE LICENSEES IN 1980 - AS SHOWN IN THE MINUTES OF A MEETING WITH MR SCHWEITZER HELD IN MUNICH ON 9 OCTOBER 1980 - THE NORMAL DEMAND FOR SPARE PARTS WAS 10 TO 15% , THE PERCENTAGES INDICATED ABOVE , WHICH INCLUDE SEPARATE SALES OF BOARDS AS WELL AS RIGS AND PARTS FOR RIGS , DO NOT SUPPORT THE INFERENCE THAT THE DEMAND FOR SEPARATE COMPONENTS WAS MUCH IN EXCESS OF THE DEMAND FOR REPLACEMENT PARTS .
19 IN VIEW OF THOSE CONSIDERATIONS IT MAY BE CONCLUDED THAT THERE WAS ALREADY A MARKET FOR SEPARATE COMPONENTS DURING THE PERIOD TO WHICH THE DECISION RELATES BUT THAT IT WAS NOT VERY LARGE .
20 WINDSURFING INTERNATIONAL STATES IN THE SECOND PLACE THAT THERE WAS NO SIGNIFICANT TRADE IN SAILBOARDS BETWEEN THE MEMBER STATES , BECAUSE SAILBOARD MANUFACTURERS OPERATE PRINCIPALLY ON THEIR DOMESTIC MARKET , AND THAT IN EACH STATE IMPORTS REPRESENTED ON AVERAGE ONLY 20 TO 30% OF NATIONAL PRODUCTION .
21 THE COMMISSION , ON THE OTHER HAND , NOTES THAT EVEN IN THE PERIOD UNDER CONSIDERATION UNDERTAKINGS SUCH AS MISTRAL AND DUFOUR WERE OPERATING ON A COMMUNITY-WIDE BASIS AND ON A LARGE SCALE .
22 IT FOLLOWS FROM THE FOREGOING THAT , AS WINDSURFING INTERNATIONAL ITSELF ACKNOWLEDGES , IMPORTS HAVE ALWAYS REPRESENTED AN APPRECIABLE PERCENTAGE OF THE SAILBOARDS SUPPLIED TO THE MARKET IN EACH MEMBER STATE . THIS IS ALL THE MORE TRUE AS THE SIGNIFICANCE OF THE INTRA-COMMUNITY TRADE IN SAILBOARDS MUST BE EVALUATED IN RELATION TO THE WHOLE OF THE COMMON MARKET AND NOT TO INDIVIDUAL NATIONAL MARKETS .
III - SCOPE OF THE GERMAN PATENT
23 ANOTHER ISSUE ON WHICH THE PARTIES ARE IN DISPUTE IS THE