WANG V. TUCHOLSKI - Page 93




          Interference No. 103,036                                                    


                    We have reviewed the Burroughs et al. claims in light             
          of the arguments raised by the party Cataldi et al.  We agree               
          with the party Burroughs et al. that most of the objections are             
          "nit-picking."  For example, claim 1 recites "[a] battery having            
          a battery strength indicating means . . .comprising a                       
          battery . . . ."  The party Cataldi et al. urges that this claim            
          is indefinite and makes no sense because it recites "that a                 
          battery comprises a battery."  We agree with the party Burroughs            
          et al. that one skilled in the art would be able to ascertain the           
          metes and bounds of claim 1 with a reasonable degree of                     
          certainty.  Other objections to most of the remaining claims are            
          of a similar vein and we will not repeat them.                              
                    The party Cataldi et al. also urges that claims 35 and            
          36, which depend upon claim 33, and claim 40, which depends upon            
          claim 37, are indefinite for lack of antecedent support.  Claim             
          35 and 36 recite "the temperature insulating means" of claim 33,            
          whereas claim 33 recites "a thermal insulating means."  Claim 40            
          recites "the dielectric substrate" of claim 37, whereas claim 37            
          recites "a dielectric layer."  In our view, the term, temperature           
          insulating means, finds reasonable antecedent support in the                
          previously recited thermal insulating means of claim 33.  Like-             

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