WANG V. TUCHOLSKI - Page 110




          Interference No. 103,036                                                    


                    device 10D shown in Fig. 10, nonconductive                        
                    layers 30 and 32 (attached to the side of the                     
                    battery housing) surround the "color                              
                    indicating, heat sensitive material 70 which                      
                    undergoes a visible color change when the                         
                    material is heated to at least a pre-                             
                    determined temperature" (column 8, lines                          
                    37-41).  In order for this embodiment to be                       
                    operable when applied to the side of a dry                        
                    cell battery, the construction of the battery                     
                    strength indicator, including the non-                            
                    conductive layers, must be such to permit                         
                    sufficient heat generated by the reduced                          
                    cross section conductive area 65 to flow to                       
                    the color indicator material to cause a color                     
                    change.  Heat generated by the reduced                            
                    section conductive area 65 is within the                          
                    sealed chamber or zone 66 adjacent to                             
                    nonconductive layers 30 and 32, and will                          
                    naturally desire to flow in all directions                        
                    from reduced cross sectional conductive area                      
                    65, unless somehow constrained.  In this                          
                    instance, the clear function of nonconductive                     
                    layers 30 and 32 is with regard to heat flow                      
                    to ensure that the heat generated by the                          
                    reduced conductive layer 65 is able to raise                      
                    the temperature of the color indicating, heat                     
                    sensitive material 70.  The only way this can                     
                    be accomplished is if layers 30 and 32 are                        
                    thermally nonconductive.  It would be                             
                    illogical for anyone of ordinary skill in                         
                    this art to understand that "nonconductive”                       
                    layers 30 and 32 are somehow thermally                            
                    conductive, since this would cause heat to                        
                    flow away from color indicating, heat                             
                    sensitive material 70 and would not permit                        
                    material 70 to receive heat to undergo a                          
                    visible color change to indicate the                              
                    remaining strength of the battery, as is                          
                    described.  Likewise, in order for the                            
                    current to be able to flow through conductive                     
                    layer 64, "nonconductive" layers 30 and 32                        
                    must also be electrically nonconductive, or                       
                    else the device would short circuit.                              


                                        -33-                                          




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