Interference No. 103,036
color indicator as required by the claims. Contrary to the party
Cataldi et al.'s arguments, the Burroughs et al. specification
does not cry out for the specific term thermal in view of the
fact that the structure disclosed under the conductive layer
permits the operation of the heat sensitive voltage or strength
indicator. The containment and control of heat flow is
specifically described between "nonconductive" layers 30 and 32
in connection with the embodiment shown in Figure 10. The
concept of thermal insulation is inherent in, and the natural
result of, the structure, features and operation of the heat
sensitive indicator disclosed in the Burroughs et al. patent.
In Schriber-Schroth, the patentee was attempting to
justify support for a “flexible web" element in the face of his
specification which described the webs as extremely rigid. The
court found that an inherency argument could not fly in the face
of the description of the web having the antithetical quality of
rigidity. On the other hand, the Burroughs et al. specification
describes the properties of the lower conductive layer which are
fully consistent with the concept of thermal insulation.
We have also reviewed the testimony of Dr. Powers,
which is relied upon by the party Cataldi et al. as an admission
that the term, conductive, throughout the Burroughs et al.
specification is used in the electrical sense. Although
Dr. Powers acknowledged that conductive is used in the electrical
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