WANG V. TUCHOLSKI - Page 46





          Interference No. 103,036                                                    



                         and column 12, line 63 are electrically                      
                         conductive.  The heat sensitive color                        
                         indicating material [70] is above the                        
                         conductive layer reduced area in the sealed                  
                         chamber in accordance with the top plan view                 
                         shown in Fig. 10.  Pyrotechnic chemical 68 is                
                         not shown in accordance with the alternate                   
                         embodiment disclosed at column 8, lines 62-                  
                         66.  The current and heat flow as shown in                   
                         Fig. P-1 above are disclosed at column 8,                    
                         lines 45-54 and 62-66.                                       
                         21. In my opinion, the current and heat flow                 
                    model shown in Fig. P-1 is the necessary and only                 
                    reasonable construction which one of ordinary skill in            
                    the battery art would give to this embodiment of the              
                    strength or voltage indicator disclosed in the                    
                    Burroughs '544 patent.  As I believe would be                     
                    recognized by one of ordinary skill in the battery art,           
                    nonconductive layers 30 and 32 would be inherently                
                    recognized as having both sufficient thermal                      
                    nonconductivity and sufficient electrical                         
                    nonconductivity to permit the heat and current flow to            
                    make the device operable, since the absence of either             
                    would make the device inoperable.  Further, in my                 
                    opinion, the natural result flowing from this                     
                    embodiment of the strength or voltage indicator                   
                    disclosed in the Burroughs '544 patent, which one of              
                    ordinary skill in the battery art would recognize, is             
                    that the conductive layer has sufficient thermal                  
                    insulating means under its surface to overcome heat               
                    sinking when the device is in contact with an                     
                    electrically conductive portion of the battery housing.           
                         22. Consistent with the above, nowhere in the                
                    Burroughs '544 patent is the term "nonconductive layer"           
                    specifically limited to electrically nonconductive                
                    materials, nor is it disclosed as being thermally                 
                    conductive.  It is my opinion that a person of ordinary           


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