Interference No. 103,036
In order for this embodiment to be operable
when applied to the side of the dry cell battery
disclosed in the specification and drawings, the
construction of the battery strength indicator,
including the nonconductive layers, must be such to
permit sufficient heat generated by the reduced
section conductive area 65 to flow to the color
indicator material to cause a color change. Heat
generated by the reduced section conductive area 65
is within the sealed chamber or zone 66 adjacent to
nonconductive layers 30 and 32, and will naturally
desire to flow in all directions from reduced cross
sectional conductive area 65, unless somehow
constrained. In this instance, the clear function of
nonconductive layers 30 and 32 is with regard to heat
flow to ensure that the heat generated by the reduced
conductive layer 65 is able to raise the temperature
of the color indicating, heat sensitive material 70.
The only way this can be accomplished is if layers 30
and 32 are thermally nonconductive. [Emphasis in the
original.]
Note that Alan Salkind, one of the party Cataldi's witnesses
called by the party Wang et al., testified that he presumed that
the nonconductive layer is both thermally nonconductive as well
as electrically nonconductive. BR 2903. Dr. Feder, an expert
testifying on behalf of the party Cataldi et al., testified with
respect to BX 5, which is directly analogous to the thermal
battery strength indicator described in the Burroughs patent,
that nonconductive would normally mean either electrically or
thermally nonconductive BR 3938 to 3939.
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