WANG V. TUCHOLSKI - Page 48





          Interference No. 103,036                                                    



                    would understand that, at least in connection with the            
                    embodiment of the battery strength indicator depicted             
                    in Fig. 10, the term “nonconductive layer” refers to              
                    both thermally and electrically nonconductive.  This              
                    would be inherently understood because of the fact that           
                    both controlled heat flow and controlled current flow             
                    are discussed.  For the strength indicator to operate             
                    as described, one would require thermal insulation in             
                    order for the heat from the reduced section area 65 to            
                    flow to the heat sensitive material 70, as well as                
                    electrical insulation in order to prevent the current             
                    flowing through conductive layer 64 and reduced section           
                    65 to short circuit against the battery housing.                  
                         23. In some specific instances described in the              
                    Burroughs '544 patent, the nonconductive layers are               
                    described with regard to their electrically                       
                    nonconductive function.  For example, in the indicator            
                    device 10F shown in Fig. 15, nonconductive layer 30 is            
                    described as having a "high dielectric constant" so as            
                    to be able to control the electric field generated                
                    across cell 12 by electrodes 62a and 62b.  In my                  
                    opinion, this does not contradict the inherent and                
                    explicit disclosure of the capabilities of the                    
                    nonconductive layers 30 and 32 in controlling heat flow           
                    in connection with the Fig. 10 embodiment, but merely             
                    makes reference to their concurrent dielectric                    
                    properties in the Fig. 15 embodiment.                             
                         24. My opinion is supported by the various                   
                    dictionaries that I have consulted, including the                 
                    Dictionary of Physics, which define the term                      
                    “conductor” or “conductive” as including both thermal             
                    conductivity and electrical conductivity.  As such, the           
                    opposite term "nonconductive” would necessarily                   
                    encompass both thermal insulation and electrical                  
                    insulation properties, unless specifically limited to             
                    one or the other.  My opinion of the nature and                   
                    understanding of the term “nonconductive” in connection           
                    with layers 30 and 32 is supported by my experience               

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