WANG V. TUCHOLSKI - Page 45





          Interference No. 103,036                                                    



                    in Fig. 10 of the '544 patent.  While Fig. P-1 does not           
                    appear in the ‘544 patent as such, it is based entirely           
                    on the disclosure of the Burroughs ‘544 patent, and is            
                    intended to show the relative positions of the various            
                    components and the actual flow of heat and current as             
                    described in the patent.                                          
                         The relative positions of the features of Fig.               
                    P-1 are supported by the '544 patent specification as             
                    follows, with the feature numbers shown bold in                   
                    brackets corresponding to those shown in Fig. 10.                 
                    Specifically, at column 4, lines 21-38, the                       
                    specification states:                                             
                              the battery strength indicator means                    
                              comprises: (a) a first nonconductive layer              
                              [30]; (b) a second nonconductive layer [32]             
                              attached to the first nonconductive layer, a            
                              portion of the first and second nonconductive           
                              layers forming a chamber [66] therebetween;             
                              (c) a conductive layer [64] sandwiched                  
                              between said first and second nonconductive             
                              layers, the conductive layer reduced to a               
                              small cross-sectional area [65] in the                  
                              chamber; and (d) a heat sensitive color                 
                              indicating material [70] in said sealed                 
                              chamber that is adapted to undergo a color              
                              change when its temperature exceeds or                  
                              crosses a predetermined value, said                     
                              conductive layer in the chamber rising to a             
                              predetermined temperature when the voltage of           
                              the current flowing therethrough exceeds a              
                              predetermined value.                                    
                         The battery strength indicator is attached to the            
                         side of a dry cell battery [18] in accordance with           
                         Fig. 2 and the disclosure at column 6, lines 15-             
                         29.  The housings of both the nonrechargeable                
                         alkaline and zinc-carbon dry cell batteries                  
                         disclosed in the '544 patent at column 11, line 42           

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