Interference No. 103,036
required is that it reasonably convey to persons skilled in the
art that, as of the filing date thereof, the inventor had
possession of the subject matter later claimed by him. In re
Driscoll, 562 F.2d at 1245, 195 USPQ at 434 (CCPA 1977). Thus,
Dr. Powers' acknowledgment that the term, "label," is not
disclosed in the Burroughs et al. specification does not mean
that the Burroughs et al. specification does not reasonably
convey to persons skilled in the art that the Burroughs et al.
inventors did not have possession of the label limitation of
claims 33 to 40, and 43.
We agree with the party Burroughs et al.'s opposition
brief, pages 143 and 144, that in common usage one of ordinary
skill in the art would understand that the term "label," as
defined in Webster’s Third New International Dictionary (1964
Edition) (BX 18), refers to something affixed to the surface of
an article, usually a layer, to provide information concerning
the article. The Burroughs et al. specification, column 6, lines
4 to 29, refers to a strip which is attached to the side of a
battery 18 (Fig. 2) and which contains an indicator chamber cell
or bubble formed in the strip, i.e., an indicator device. Since
this strip containing the indicator device is designed to
indicate the strength of the battery and provide such information
to the user, the strip 12 fully and adequately discloses a
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