Interference No. 103,036
switch means of the party Burroughs et al.'s claims. The
secondary references, Kiernan and Parker '020, disclose
indicating devices similar to those claimed by the party
Burroughs et al.
The party Tucholski urges that it would have been
obvious to one of ordinary skill in this art to substitute the
thermochromic tester of Kiernan or Parker '020 for the
electrochromic tester of Sterling, thus rendering the party
Burroughs et al.'s claims obvious. In this regard, the party
Tucholski relies upon the testimony of Dr. Liu, its expert
witness, who testified at TR 154 to 158 that the suggestion for
this substitution is found in the Sterling patent which shows the
combination of a battery and a capacity determining voltage
sensor. In addition, the party Tucholski relies upon the
testimony of Dr. Barnett, the party Wang et al.'s expert, who
testified at WR 882 to 883 that the motivation to combine
Sterling and Kiernan is provided by Sterling's teaching that
indicators other than phenolphthalein may be used.
Opinion re: Issue (1)
The party Tucholski has not sustained its burden to
show that the party Burroughs et al.'s claims are obvious over
Sterling in view of either Kiernan or Parker '020.
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