Interference No. 103,036
thermally nonconductive to obviate the problem of heat sinking.
However, we note that Dr. Powers performed an experiment to
determine the operability of a heat sensitive battery strength or
voltage indicator on the side of a battery without special
precautions taken to prevent heat sinking from the conductive
layer to the conductive battery housing, using a strip tester as
described in the Parker '020 patent and Kiernan Patent. BR 63
and 64. The experiment run by Dr. Powers on behalf of the party
Burroughs et al. demonstrates that heat sinking is not a problem.
As explained by the Court in Field v. Knowles, 183 F.2d at 600,
86 USPQ at 378-79,
The disclosure of an application placed
in interference by the Patent Office is presumed to
be an operative disclosure, . . . and will not be
held to be inoperative unless it is established (by
the junior party by a preponderance of the
evidence, . . .) that it can not be made to operate
for any practical or useful purpose, . . . by such
changes and alterations, short of invention, which
one skilled in the art would be capable of applying
in constructing the device with the disclosure of the
specification and the drawings of the application as
his guide. [Citations omitted.]
For the foregoing reasons, we hold that the party
Tucholski has failed to sustain its burden to show that the
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