WANG V. TUCHOLSKI - Page 127




          Interference No. 103,036                                                    


          associated with the electrical switch.  Moreover, the party                 
          Cataldi et al.'s opening brief states at page 101 that on cross-            
          examination, “Dr. Powers admitted that the party Burroughs et               
          al.'s specification did not support the 'air pocket'                        
          recitations."  With respect to claim 40, which recites that the             
          "insulating means is an air pocket under the dielectric substrate           
          under the area of the conductive layer," Dr. Feder testified that           
          the concept of an air pocket as a part of thermal insulating                
          means is not taught by the Burroughs et al. specification.  The             
          motion is denied with respect to item 7.                                    
                    We have reviewed the testimony of Dr. Powers, referred            
          to in Sections 294 and 295 of the party Cataldi et al.'s proposed           
          findings of fact, and do not agree with the party Cataldi et al.            
          that Dr. Powers admitted at BR 177 to 179 that the Burroughs et             
          al. specification lacked support for the air pocket being a part            
          of the temperature sensitive color indicator.  A fair reading of            
          the testimony shows that Dr. Powers is of the view that the                 
          Burroughs et al. specification has inherent support for the air             
          pocket being a part of the temperature sensitive color indicator.           
          As we found in item 2, supra, the Burroughs et al. specification            
          contains a sufficient written description for the indicator                 
          device being in the shape of a chamber, cell or bubble.  Because            
          of this shape, we necessarily agree with the party Burroughs et             
          al. that the chamber, cell or bubble would also contain an air              

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