WANG V. TUCHOLSKI - Page 28





          Interference No. 103,036                                                    



                    Sterling contemplates the use of any chemical which can           
          be impregnated into the space (8) and which will change color               
          when a current is passed therethrough.  Consequently, we agree              
          with the party Burroughs et al. that there is no motivation or              
          suggestion in Sterling to utilize any indicating device other               
          than the chemical type disclosed therein.  We also agree with the           
          party Burroughs et al. that even if it were suggested to combine            
          Sterling with Kiernan or Parker '020, which it is not, then the             
          combined references would not disclose any switch means.                    
                    The experts (Messrs. Alan Palmer and Barnett testifying           
          on behalf of the party Wang et al., and Mr. Chung-Chiun Liu                 
          testifying on behalf of the party Tucholski) testified that the             
          Sterling patent does not disclose or suggest the use of a switch,           
          i.e., clips 9 and 10 of Figures 1 and 2 do not act as a switch              
          when attached to the battery posts 11 and 12 and the embodiment             
          of Figures 3 and 4 is not a typical switch.  WR 1468 to 1470,               
          1480 and 1481; TR 2179 to 2182, 2185, 2186, 2585 to 2586.                   
                    Assuming that it would have been obvious or somehow               
          suggested to add a switch means to the combined references, we              
          agree with the party Burroughs et al. that the switch means of              
          independent claims 1, 24 and 44 and those dependent thereon,                
          means for forming a switch as required by independent claims 16,            

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