WANG V. TUCHOLSKI - Page 99




          Interference No. 103,036                                                    


          this limitation as being a part of the switch.  The motion is               
          denied with respect to item 2.                                              
                    We agree with the party Burroughs et al. that the                 
          specification, column 4, lines 21 to 38, teaches a battery                  
          strength indicator comprising attached first and second                     
          nonconductive layers with "a portion of said first and second               
          nonconductive layers forming a chamber therebetween," and "a                
          conductive layer sandwiched between said first and second                   
          nonconductive layers, the conductive layer reduced to a small               
          cross-sectional area in the chamber."  Obviously, if the chamber            
          is sandwiched by the surfaces of the first and second                       
          nonconductive layers, the chamber is below one of the surfaces.             
          Further, the specification, column 6, lines 5 to 7, states that             
          the indicator device has an indicator chamber, cell or bubble.              
          This disclosure, in our view, contains a sufficient written                 
          description for the limitation as being a part of the voltage               
          indicator device.                                                           
                    In item 3, the motion urges that the Burroughs et al.             
          specification does not contain a written description for the                
          "switch" limitation of reissue claims 16 to 29, 33 to 40 and 44             
          to 51.  Since claims 17, 21, 34 and 38 were cancelled, this item            


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