Interference No. 103,036
As explained by the party Burroughs et al. on page 138
of its opposition brief (Paper No. 737) to the Tucholski brief,
The Burroughs '544 patent specifically
discusses both current flow and heat flow in
connection with the proper operation of the
embodiment, Figure 10. Current flows through the
conductive layer 64 which, at its reduced cross
sectional area portion 65, generates heat which is
then transferred to the temperature sensitive
color indicating material 70. The proper flow of
current and heat requires that it be channeled,
that is, contained by some structure. Such
structure is provided by nonconductive layers 30
and 32, which must inherently be electrically and
thermally nonconductive. That nonconductive
layers 30 and 32 have a dual function, to be both
thermally and electrically nonconductive, is
something that a person having ordinary skill in
the art would recognize. Otherwise, the device
would be inoperative.
We agree with the party Burroughs et al.'s position on page 140
of its opposition brief that:
The insulative or nonconductive layers
described in the Burroughs' 544 patent are present to
shield components of the strength indicator which
transmit heat and/or electricity and are indicated as
doing so. For example, in the indicator device 10D
shown in Fig. 10, nonconductive layers 30 and 32
(attached to the side of the battery housing)
surround the "color indicating, heat sensitive
material 70 which undergoes a visible color change
when the material is heated to at least a pre-
determined temperature" (column 8, lines 37-41).
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