WANG V. TUCHOLSKI - Page 113




          Interference No. 103,036                                                    


                         between said first and second                                
                         nonconductive layers, the                                    
                         conductive layer reduced to a small                          
                         cross-sectional area [65] in the                             
                         chamber; and (d) a heat sensitive                            
                         color indicating material [70] in                            
                         said sealed chamber that is adapted                          
                         to undergo a color change when its                           
                         temperature exceeds or crosses a                             
                         predetermined value, said                                    
                         conductive layer in the chamber                              
                         rising to a predetermined                                    
                         temperature when the voltage of the                          
                         current flowing therethrough                                 
                         exceeds a predetermined value.                               
                    The battery strength indicator is attached to                     
                    the side of a dry cell battery [18] in                            
                    accordance with Fig. 2 and the disclosure at                      
                    column 6, lines 15-29.  The housings of both                      
                    the nonrechargeable alkaline and zinc-carbon                      
                    dry cell batteries disclosed in the '544                          
                    patent at column 11, line 42 and column 12,                       
                    line 63 are electrically conductive.  The                         
                    heat sensitive color indicating material [70]                     
                    is above the conductive layer reduced area in                     
                    the sealed chamber in accordance with the top                     
                    plan view shown in Fig. 10.  Pyrotechnic                          
                    chemical 68 is not shown in accordance with                       
                    the alternate embodiment disclosed at column                      
                    8, lines 62-66.  The current and heat flow as                     
                    shown in Fig. P-1 above are disclosed at                          
                    column 8, lines 45-54 and 62-66.                                  
                              21.  In my opinion, the current and                     
                    heat flow model shown in Fig. P-1 is the                          
                    necessary and only reasonable construction                        
                    which one of ordinary skill in the battery                        
                    art would give to this embodiment of the                          
                    strength or voltage indicator disclosed in                        
                    the Burroughs '544 patent.  As I believe                          
                    would be recognized by one of ordinary skill                      
                    in the battery art, nonconductive layers 30                       
                    and 32 would be inherently recognized as                          
                    having both sufficient thermal                                    
                    nonconductivity and sufficient electrical                         

                                        -36-                                          




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