Ex parte SICKING et al. - Page 11




                     Appeal No. 2000-0523                                                                                                                                              
                     Application 08/583,307                                                                                                                                            

                                is so configured as to form a deep longitudinal                                                                                                        
                                corrugation 1 at one edge and a similar deep                                                                                                           
                                longitudinal corrugation 2 at the other edge.                                                                                                          
                                Between these corrugations there is a flat area                                                                                                        
                                indicated at 3.  If desired, the extreme edges of                                                                                                      
                                the barrier elements may be turned inwardly as                                                                                                         
                                indicated at 4 and 5 in FIGS. 5 and 6 [column 2,                                                                                                       
                                lines 17 through 24].                                                                                                                                  
                                The Martin barrier consists of a rail 12 formed of a                                                                                                   
                     plurality of interconnected members 14.  These members 14                                                                                                         


                                are of a corrugated form and have an angular or re-                                                                                                    
                                entrant cross-sectional shape.  As shown in the                                                                                                        
                                drawing[s] the members 14 have two vertically spaced                                                                                                   
                                corrugations 15 and 16 therein which form continuous                                                                                                   
                                longitudinal ribs 15a and 16a on the traffic side of                                                                                                   
                                the rail.  The corrugations 15 and 16 are connected                                                                                                    
                                by an intermediate web portion 17 which forms a                                                                                                        
                                continuous longitudinal flat face 17a on the rail                                                                                                      
                                [column 2, lines 39 through 48].                                                                                                                       

                                Claim 1, the sole independent claim on appeal, recites a                                                                                               
                     guardrail barrier comprising outer curves and a central                                                                                                           
                     portion positioned to provide “an effective depth of between 9                                                                                                    
                     to 15 inches.”   The appellants’ specification indicates that2                                                                                                                                   
                     an effective depth in this range contributes to the safety of                                                                                                     

                                2 The effective depth of the guardrail barrier is measured                                                                                             
                     “from the centerline of the uppermost curved portion of the                                                                                                       
                     barrier (horizontal radius) to the centerline of the lowermost                                                                                                    
                     curved portion (horizontal radius)” (appellants’                                                                                                                  
                     specification, page 2).                                                                                                                                           
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