Interference No. 103,036
nonconductivity to permit the heat and
current flow to make the device operable,
since the absence of either would make the
device inoperable. Further, in my opinion,
the natural result flowing from this
embodiment of the strength or voltage
indicator disclosed in the Burroughs '544
patent, which one of ordinary skill in the
battery art would recognize, is that the
conductive layer has sufficient thermal
insulating means under its surface to
overcome heat sinking when the device is in
contact with an electrically conductive
portion of the battery housing.
22. Consistent with the above,
nowhere in the Burroughs '544 patent is the
term "nonconductive layer" specifically
limited to electrically nonconductive
materials, nor is it disclosed as being
thermally conductive. It is my opinion that
a person of ordinary skill in the art
pertaining to battery design and
construction, when reading the Burroughs '544
patent, would understand that, at least in
connection with the embodiment of the battery
strength indicator depicted in Fig. 10, the
term "nonconductive layer" refers to both
thermally and electrically nonconductive.
This would be inherently understood because
of the fact that both controlled heat flow
and controlled current flow are discussed.
For the strength indicator to operate as
described, one would require thermal
insulation in order for the heat from the
reduced section area 65 to flow to the heat
sensitive material 70, as well as electrical
insulation in order to prevent the current
flowing through conductive layer 64 and
reduced section 65 to short circuit against
the battery housing.
23. In some specific instances
described in the Burroughs '544 patent, the
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