Interference No. 103,036
Opinion re: item (5)
After having considered the evidence and the arguments
of the parties, we are persuaded by the party Burroughs et al.
that its patent specification adequately discloses 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, that this limitation is supported by, and does not
require, a finding of thermal insulation in the lower
nonconductive layer 30 or 32, and that the limitation is
supported by the electrical insulation of the nonconductive
layer.
In our view, the battery strength indicator disclosed
in Figure 10 and described at column 8, line 26 to column 9, line
3, of the Burroughs et al. patent is presumed to be operative.
In re Jacobs, 318 F.2d 743, 745-46, 137 USPQ 888, 889 (CCPA 1963)
and Field v. Knowles, 183 F.2d 593, 600-01, 86 USPQ 373, 378-79
(CCPA 1950). The party Cataldi et al. has not sustained its
burden to show that the indicator of Figure 10 cannot be made to
operate for any practical or useful purpose by such changes and
alterations, short of invention, which one skilled in the art
would be capable of applying in constructing the indicator with
the disclosure of the Burroughs et al. specification and its
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