Interference No. 103,036
the battery. You can't see it inside the
battery; and, therefore, it would have to
constitute part of the label if there's a
label on the battery. [BR 149]
* * * *
Q. Can you tell me that support for a battery
having a label -- let me rephrase that. For
the element a battery having a label, can you
tell me what support you have for your belief
that it is sufficiently disclosed to enable a
person skilled in the art to make and use the
battery having a label?
A. I can only say I don't know why you make
and use it unless you put it on the label as
part of the label. [BR 150]
* * * *
Q. Can you provide for me the support in the
specification in the '544 patent for your
belief that the patent discloses -- adequately
discloses how to make a label with an integral
voltmeter?
Mr. Peterson: Including the drawings again.
Mr. Esatto: Including the drawings.
The Witness: My conclusion is based on the
fact that time and time again the patent
teaches that the voltmeter is integral with
the battery and I believe it is mentioned --
here with the housing. The only way it can
be integral with the battery and be usable
technically is if it is on a portion of the
label. That's just common sense. [BR 153]
To comply with the written description requirement of
35 U.S.C. § 112, first paragraph, it is not necessary that the
application describe the claimed invention in ipsis verbis, In re
Lukach, 442 F.2d at 967, 169 USPQ at 796 (CCPA 1971); all that is
-54-
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