Appeal No. 2000-0523
Application 08/583,307
founded. Accordingly, we shall not sustain the standing1
35 U.S.C. § 112, second paragraph, rejection of these claims.
II. The 35 U.S.C. § 102(b) and § 103 rejections
Brown and Martin, the references applied in support of
the prior art rejections, disclose W-beam guardrail barriers.
The Brown barrier, which is shown in Figures 5 through 7
of the reference,
consists of elongated metal elements, each of which
1 Although not indefinite, the claims might be easier to
understand, even when read in light of the specification, if
amended to: define the “edge” recited in claims 2, 3 and 9 as
the --cross-sectional-- edge; define the “area” in the second
set of claim 9 and in claim 10 as the --cross-sectional edge--
area; define the “length” recited in claim 10 as the --cross-
sectional edge-- length; define the “edges” recited in claim
11 and the “edge” recited in claim 13 as the --end-- edge(s);
and modify the second clause in claim 13 by changing “opening”
to --openings-- and “sections” (second occurrence) to --
openings--. In addition, the appellants may wish to review
claim 17 with an eye toward resolving any inconsistency
between the recitation of individual bearing areas of 0.079
square inches and a total bearing area of at least 5.6 square
inches (also see pages 7, 8 and 17 in the specification).
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