WANG V. TUCHOLSKI - Page 51





          Interference No. 103,036                                                    



                    conductive layer with a reduced cross-sectional area              
                    to generate heat and, over it, a heat sensitive,                  
                    color indicating material which changes color when it             
                    reaches a predetermined temperature due to heat flow              
                    from the conductive layer reduced cross-sectional                 
                    area.  Below the conductive layer there appears to be             
                    a thin nonconductive layer of ink or paint of less                
                    than 0.5 mil thickness.  The strip tester was                     
                    attached to the side of the Eveready battery by tape              
                    applied at the edges, with no gap apparent between                
                    the side of the battery and the strip tester.  I then             
                    electrically connected the ends of the strip tester               
                    across the terminals of the battery and observed that             
                    heat generated by the conductive layer reduced cross-             
                    sectional area caused the heat sensitive color                    
                    indicating material to change color to indicate the               
                    strength of the battery.  The device was operable as              
                    attached to the side of the battery without any                   
                    special precautions taken to provide thermal                      
                    insulation or otherwise prevent heat sinking to the               
                    battery housing.                                                  
                         76. I repeated the experiment by substituting                
                    Energizer alkaline and Duracell alkaline dry cells                
                    forthe Eveready battery as described above.  I                    
                    received similar results, indicating operability                  
                    ofthe device without any special precautions taken to             
                    provide thermal insulation or otherwise prevent heat              
                    sinking to the battery housing.                                   
                         77. Accordingly, I believe that one of ordinary              
                    skill in the battery art would be able to make and                
                    use the invention described by the Burroughs reissue              
                    claims.  I further believe that the invention is                  
                    adequately disclosed and supported in the Burroughs               
                    '544 patent and conveys with reasonable clarity to                
                    one skilled in this art that Burroughs et al. were in             
                    possession of the heat sensitive indicator embodiment             
                    described therein.                                                


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