Interference No. 103,036
In our view, the battery strength indicator disclosed
and claimed in the Burroughs et al. patent is presumed to be
operative. In re Jacobs, 318 F.2d 743, 745-46, 137 USPQ 888, 889
(CCPA 1963) and Field v. Knowles, 183 F.2d 593, 600-601, 86 USPQ
373, 378-379 (CCPA 1950). Therefore, we agree with the party
Burroughs et al. that since its patent discloses and claims the
particular embodiment of the temperature sensitive voltage
indicator over a nonconductive layer attached to the side of a
battery, this embodiment must be presumed to be operative, i.e.,
at least the lower nonconductive layer must inherently have
sufficient thermal insulating means under one of [the conductive
layer's] surfaces to overcome heat sinking when the voltmeter is
in contact with a battery having an electrically conducting
housing. Furthermore, the Burroughs et al. specification is
sufficient to show that the natural result flowing from the
operation of the device of Figure 10 is to permit the heat
generated by the conductive layer to change the color of the
temperature sensitive color indicator material. See Hansgirg v.
Kemmer, 102 F.2d 212, 40 USPQ 665 (CCPA 1939) and In re Reynolds,
443 F.2d 384, 389, 170 USPQ 94, 98 (CCPA 1971). In In re
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