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- -16-Page: Previous 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 NextLast modified: November 3, 2007