Interference No. 103,036
voltage indicator device. We agree with the party Burroughs et
al. that the terms, "battery housing" and "battery can,"
necessarily mean that the housing or the can includes both an
anode and a cathode. In this regard, Dr. Powers testified that
the battery of Figure 2 of the Burroughs et al. patent has an
anode 20 and a cathode as part of the battery housing. Burroughs
Record, page 28 (BR 28). The electrical switch in Figure 2 is
attached to the anode or cathode. As is well known to the
skilled person in the art, both the anode and cathode portions of
the battery housing are electrically conducting. This
disclosure, in our view, contains a sufficient written
description for the limitation in question.
In making our finding, we have weighed Dr. Feder's
testimony at CR 405 that the anode and cathode of a battery are
not a part of the battery housing against the testimony of
Dr. Powers that the anode and cathode of a battery are a part of
the battery housing. We find that Dr. Power's testimony is more
credible than Dr. Feder's testimony. Dr. Feder's testimony at
CR 405 is inconsistent with Figure 3 of the party Cataldi et
al.'s involved patent which depicts the battery housing 4 as
including both the anode and cathode and with his testimony at
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