Interference No. 103,036
any type of switch attached to the side of the battery housing.
On pages 21 and 22 of the decision, we found that the Sterling
patent does not disclose the particular indicating device of the
party Burroughs et al.’s claims and does not teach or suggest the
use of a switch.
Our findings are contrary to those upon which motion
no. 6 is premised. Consequently, since the grounds of
unpatentability urged against the Burroughs et al. claims are
premised on findings which we did not make, the party Wang et al.
has not sustained its burden to show that the Burroughs et al.’s
claims are unpatentable.
For the foregoing reasons, motion no. 6 is denied.
Issue 2C
Issue 2C concerns the party Wang et al.’s motion no. 3
which appears at WR 22 to 35. The motion urges that the party
Burroughs et al.’s claims are unpatentable as drawn to subject
matter which was abandoned, dedicated, or disclaimed as a matter
of law upon the grant of the party’s involved patent, without the
filing of a divisional or continuation application thereto. The
motion also urges that the presentation of the reissue claims is
an attempted recapture of deliberately canceled claims and misuse
of the reissue statute for hindsight reconstruction, as an
application for such subject matter has been determined not to be
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