WANG V. TUCHOLSKI - Page 39





          Interference No. 103,036                                                    



                    material, the device can also be fabricated with the              
                    pyrotechnic chemical alone, thereby causing a slight              
                    charring to the strip which is noticeable.  One of                
                    the strips can also be made of a material that is                 
                    sensitive to temperature and will undergo a visible               
                    change when the temperature exceeds a predetermined               
                    value.  Alteratively, the device can be fabricated                
                    without the pyrotechnic chemical, relying on the                  
                    color-indicating, heat-sensitive material alone to                
                    indicate whether the battery has a predetermined                  
                    minimal voltage output. If the color indicating,                  
                    heat-sensitive material undergoes a non-permanent                 
                    color change when exposed to a predetermined                      
                    temperature, then the battery-strength indicator                  
                    device of FIG. 10D can be used repeatedly to                      
                    determine if the output voltage of the battery meets              
                    a predetermined voltage level.  [Emphasis added.]                 
          The Party Burroughs et al.’s Position                                       

                    The party Burroughs et al. urges that its specification           

          contains a sufficient written description for the limitation in             

          question, "thermal insulating," and equivalents thereof and                 

          relies upon the testimony of Dr. Powers, an expert witness for              

          the party Burroughs et al.  Dr. Powers testified as follows at              

          BR 32 to 39:                                                                

                    16.  I have reviewed in particular the embodi-                    
                    ment of the battery strength indicator shown in Fig.              
                    10 of the Burroughs '544 patent and described in the              
                    specification in column 4, lines 21-38 and column 8,              
                    line 26 through column 9, line 3.  As described                   
                    therein, first and second nonconductive strips or                 

                                           -39-                                       




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