WANG V. TUCHOLSKI - Page 130




          Interference No. 103,036                                                    


                    The Burroughs et al. specification reads at column 6,             
          lines 4 to 29 as follows:                                                   
                    Referring to FIG 1, a battery-strength                            
                    indicator device 10 of the present invention                      
                    is illustrated.  The indicator device has an                      
                    indicator chamber, cell or bubble 12 formed                       
                    in strip 16.  Preferably the cells of the                         
                    present invention are sealed cells.  Conduc-                      
                    tive layers 14 run the length of the strip                        
                    into the indicator bubble to form spaced                          
                    apart electrodes.  The indicator bubble                           
                    contains an indicating material 17 which                          
                    undergoes a visible change when the voltage                       
                    potential across the indicator cell exceeds a                     
                    predetermined value.  At least one side of                        
                    the strip 16 is transparent or translucent.                       
                              The improved battery 18 of the                          
                    present invention is illustrated in FIG. 2.                       
                    The battery has an anode 20 and a cathode at                      
                    its base (not shown).  The indicator device                       
                    10 is attached to the side of the battery,                        
                    with the ends of the device connected to the                      
                    anode 20 and the cathode.  If the device is a                     
                    constant-drain device, that is, the device is                     
                    on continuously, the indicator cell undergoes                     
                    a visible change when the output voltage of                       
                    the battery drops below a predetermined                           
                    value.  In an alternative embodiment, the                         
                    battery has the indicator device of FIG. 1A,                      
                    which includes a strip 16, conductive leads                       
                    14, an indicator cell 12, and a switch 24.                        
                    The switch is biased to be in an off                              
                    position, and, thus the indicator device is                       
                    only actuated when the switch is on, thus                         
                    preventing a constant drain on the battery.                       
                    Dr. Powers acknowledged that the term, "label," is not            
          disclosed in the Burroughs et al. specification.                            
                    In this regard, Dr. Powers testified that . . .                   
                    the tester is integral with the battery and                       
                    to be usable it has to be on the outside of                       

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