Appeal No. 1999-1037
Application 08/804,284
“fish scales” 60 comprise structural reinforcement extending2
along a portion of a side of the crash cushion. The examiner
further considers (answer, pages 3-4) that Carney ‘326
“teaches that it is known in the art to form a cushioning
apparatus with telescoping support members (discussed in
column 3 line 57 through column 4 line 2) comprising tubes
viewed as a pipe segment slidably disposed within a sleeve.”
According to the examiner (answer, page 4), it would have been
obvious to one of ordinary skill in view of these teachings to
modify the bracket of the structural reinforcement of
Boedecker by incorporating therein telescoping tubes
comprising a pipe segment slidably disposed within a sleeve.
We cannot support the examiner’s position. The
disclosure of Carney ‘326 relied upon by the examiner is found
in the “Background of the Invention” section of Carney ‘326
and reads as follows:
Examples of other forms of stationary energy
absorbing barriers, which are known to exist in the
prior art, include the following: . . . a U-shaped
2As explained at column 5, line 53, through column 6,
line 5, and as shown in Figures 6A-6C of Carney ‘326, “fish
scales” 60 are composite structures, each comprising a plywood
sheet 62 having a metal sheet 66 secured thereof.
-4-
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