WANG V. TUCHOLSKI - Page 53





          Interference No. 103,036                                                    



          inches) had severe heat sinking problems.  CR 1077, 1078, 1080              
          and 1081.                                                                   
                    With respect to the heat sinking problem in the context           
          of this interference, Mr. Hein testified at CR 1143 that                    
          heatsinking creates difficulties, i.e., it decreases the observed           
          temperature profile on the battery tester/voltmeter when it is in           
          proximity to a battery container, thus displaying inaccurate or             
          incorrect readings when the tester mechanism is activated.                  
          Mr. Hein explained at CR 1194:                                              
                    In the case of a fresh cell with the temperature                  
                    profiles that we exhibited, for an example, it                    
                    [the fresh cell] might show that it had only three                
                    quarters of available power, when, in effect, it                  
                    was the fresh cell that had 100 percent available                 
                    power.                                                            
          However, Mr. Hein acknowledged at CR 1195 that one could get an             
          accurate good/bad type reading if the tester mechanism was                  
          properly designed.  He also testified at CR 1195 and 1196:                  
                    Q.  Now, within the context of the type of tester                 
                    that was applied in the batteries in your                         
                    declaration where there is a scale, could one                     
                    compensate by condensing the scale of the sensor                  
                    to compensate for some heatsinking effects?                       
                    A.  I don't understand what you mean by                           
                    compensating the scale or condensing the scale.                   
                    Can you clarify that?                                             

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