Interference No. 103,036
nonconductive layers are described with
regard to their electrically nonconductive
function. For example, in the indicator
device 10F shown in Fig. 15, nonconductive
layer 30 is described as having a "high
dielectric constant" so as to be able to
control the electric field generated across
cell 12 by electrodes 62a and 62b. In my
opinion, this does not contradict the
inherent and explicit disclosure of the
capabilities of the nonconductive layers 30
and 32 in controlling heat flow in connection
with the Fig. 10 embodiment, but merely makes
reference to their concurrent dielectric
properties in the Fig. 15 embodiment.
24. My opinion is supported by the
various dictionaries that I have consulted,
including the Dictionary of Physics, which
define the term "conductor" or "conductive"
as including both thermal conductivity and
electrical conductivity. As such, the
opposite term "nonconductive" would
necessarily encompass both thermal insulation
and electrical insulation properties, unless
specifically limited to one or the other. My
opinion of the nature and understanding of
the term "nonconductive" in connection with
layers 30 and 32 is supported by my
experience that the vast majority of
nonconductive materials display both thermal
and electrical insulating properties. It is
my opinion that a person having ordinary
skill in the art relating to battery design
and construction would necessarily select a
nonconductive material which would have both
thermal insulating and electrical insulating
properties, without undue experimentation. I
am aware of one exception, diamond, which is
a good electrical nonconductor while also
being a good thermal conductor. I believe
that it would be illogical, if not absurd,
that anyone of ordinary skill in the art
reading the '544 patent would somehow
understand that the nonconductive layers,
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