Interference No. 103,036
that the vast majority of nonconductive materials
display both thermal and electrical insulating
properties. It is my opinion that a person having
ordinary skill in the art relating to battery design
and construction would necessarily select a
nonconductive material which would have both thermal
insulating and electrical insulating properties,
without undue experimentation. I am aware of one
exception, diamond, which is a good electrical
nonconductor while also being a good thermal conductor.
I believe that it would be illogical, if not absurd,
that anyone of ordinary skill in the art reading the
'544 patent would somehow understand that the
nonconductive layers, attached to a disposable battery,
would be constructed of diamond, so as to be thermally
conductive and electrically insulative.
The party Burroughs et al. also relies upon the
following testimony of Dr. Powers with respect to attaching a
heat sensitive or voltage indicator to a battery. Dr. Powers
testified at BR 63 to 64 as follows:
75. To determine whether one of ordinary skill
in the art could make and use a heat sensitive
strength or voltage indicator based on the disclosure
of the Burroughs '544 patent, I attached a
commercially available heat sensitive strip type
tester of the type disclosed in the aforementioned
Parker, U.S. Patent No. 4,737,020 and Kiernan et al.,
U.S. Patent No., 723,656 to the types of batteries
described in the '544 patent (column 12, lines
18-22). Specifically, I obtained a D size Eveready
zinc-carbon dry cell battery having the conventional
label on the side over the electrically conductive
metal housing and affixed to it a Battery Checker
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