Interference No. 103,036
visible change when the temperature exceeds a
predetermined value. Alteratively, the
device can be fabricated without the
pyrotechnic chemical, relying on the color-
indicating, heat-sensitive material alone to
indicate whether the battery has a
predetermined minimal voltage output. If the
color indicating, heat-sensitive material
undergoes a non-permanent color change when
exposed to a predetermined temperature, then
the battery-strength indicator device of FIG.
10D can be used repeatedly to determine if
the output voltage of the battery meets a
predetermined voltage level. [Emphasis
added.]
The Party Cataldi et al.'s Position
The party Cataldi et al. relies upon Dr. Feder's
testimony in order to show that the foregoing specification does
not contain a written description for the limitation, "sufficient
means under one of its [the conductive layer's] surfaces to
permit the heat generated" by the conductive layer to change the
color of the temperature sensitive color indicator, of reissue
claims 16 to 23.
Dr. Feder testified (1) that these claims are directed
to the indicator device 10D shown in Burroughs et al.'s Figure 10
[CR 60], (2) that the device does not disclose sufficient means
under one of the conductive layer's surfaces to permit the heat
generated by the conductive layer to change the color of the
temperature sensitive color indicator and to indicate voltage [CR
60], (3) that the specification is completely silent regarding
the effects of thermal conduction of heat from the indicator
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