Interference No. 103,036
motion relies upon the testimony of Dr. Feder at CR 74 and 75,
who testified that Burroughs et al.'s specification does not
disclose a structure which has standoffs on a dielectric layer
that are adjacent to a battery can. The motion is granted as to
this item.
We agree with the party Cataldi et al. that the
Burroughs specification does not contain a written description
for the limitation, "the standoffs, the dielectric layer, and the
battery can define an air pocket," as recited in claim 47. The
Dictionary of Scientific and Technical Terms 1528 (2d ed.,
McGraw-Hill Inc., 1978) (Cataldi et al. Exhibit No. 68 (CX 68))
defines a stand off insulator as "an insulator used to support a
conductor at a distance from the surface on which the insulator
is mounted." This definition is consistent with Dr. Powers'
testimony at BR 45 that a standoff is a structure which separates
the conductive layer from the battery to form an air pocket. We
reject the party Burroughs et al.'s argument that their chamber,
cell or bubble below the conductive layer constitutes a standoff
within the meaning of claim 47. While the air pocket may act as
an insulating means, the air pocket is not formed by the
standoffs, the dielectric layer, and the battery can as recited
in claim 47. Accordingly, the motion is granted as to item 13.
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