WANG V. TUCHOLSKI - Page 100




          Interference No. 103,036                                                    


          will be considered as to claims 16, 18 to 20, 22 to 29, 33, 35 to           
          37, 39, 40 and 44 to 51.  Independent claims 16, 20, 24, 50, and            
          51 recite that the voltage indicator means or voltage indicator             
          includes means for forming an electrical switch with an electri-            
          cally conductive portion of the battery housing.  Independent               
          claims 33 and 37 recite that the voltmeter includes means for               
          forming an electrical switch with the electrically conductive               
          battery housing.  Independent claim 44 recites an electrical                
          switch means positioned "to couple electrically the conductive              
          layer and the battery can."  The motion relies upon the testimony           
          of Dr. Feder who testified that the electrical switch is not                
          connected to an electrically conductive part of the battery                 
          housing, but rather is connected to either the anode or the                 
          cathode of the battery, the anode and cathode not being a part of           
          the battery housing.  CR 405.  The motion is denied as to item 3.           
                    We agree with the party Burroughs et al. that its                 
          specification, column 5, lines 20 to 22, teaches that "the                  
          improved batteries can have switch means to electrically connect            
          the battery strength indicator to the battery."  Figure 2 and the           
          accompanying description in the specification show and describe a           
          battery having a housing to which is attached the strength or               


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