WANG V. TUCHOLSKI - Page 121




          Interference No. 103,036                                                    


          figures as his guide.  Consequently, we agree with the party                
          Burroughs et al. that since its patent discloses and claims the             
          particular embodiment of the temperature sensitive voltage                  
          indicator over a nonconductive layer attached to the side of a              
          battery, this embodiment must be presumed to be operative, i.e.,            
          the lower nonconductive layer must inherently have sufficient               
          thermal insulating means to overcome heat sinking when the                  
          voltmeter is in contact with a battery having an electrically               
          conducting housing.  Furthermore, the Burroughs et al. specifi-             
          cation is sufficient to show that the natural result flowing from           
          the operation of the device of Figure 10 is to permit the heat              
          generated by the conductive layer to change the color of the                
          temperature sensitive color indicator material.  See Hansgirg v.            
          Kemmer, 102 F.2d 212, 40 USPQ 665 (CCPA 1939) and In re Reynolds,           
          443 F.2d 384, 389, 170 USPQ 94, 98 (CCPA 1971).  In In re                   
          Reynolds, 443 F.2d 384, 389, 170 USPQ 94, 98, the court resolved            
          an issue of inherent disclosure in an analogous case ("means for            
          preventing an abrupt change in the capacitance . . .") in favor             
          of an applicant by the disclosure of the drawing and the                    
          knowledge that a person skilled in the art would suspect that               
          there was some reason for the relationships shown in the drawing            
          and would not regard such disclosure as accidental or arbitrary.            
          The Court also quoted with approval Technicon Instruments Corp.             


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