WANG V. TUCHOLSKI - Page 95




          Interference No. 103,036                                                    


          al. that the structure is shown where the pyrotechnic chemical is           
          surrounded by the color indicating, heat sensitive material, or             
          by the alternative embodiment where the device is fabricated                
          without the pyrotechnic chemical so that the heat sensitive                 
          material contacts the conductive area.  In our view, the coupling           
          means is not equivalent to the heat sensitive material contacting           
          the conductive area, because no other interaction other than                
          contacting is specified.                                                    
                    For the foregoing reasons, the Cataldi et al. motion              
          no. 2 is denied with respect to the Burroughs et al. patent                 
          claims 1 to 11 and reissue claims 13 to 16, 18 to 20, 22 to 30,             
          32, 33, 35 to 37, 39 to 49 and 51 and is granted with respect to            
          the Burroughs et al. reissue claims 17, 21, 31, 34, 38, and 50.             
          The entry of judgment as to these latter claims is deferred to              
          the next final hearing, since we do not normally enter a                    
          piecemeal judgment with respect to a party.                                 
          Issue (4)                                                                   
                    The party Cataldi et al.'s opening brief requests that            
          we decide whether the party Burroughs et al.'s reissue claims 13            
          to 51 are unpatentable under 35 U.S.C. § 112, first paragraph, as           



                                        -18-                                          




Page:  Previous  88  89  90  91  92  93  94  95  96  97  98  99  100  101  102  Next 

Last modified: November 3, 2007