Appeal No. 1999-1037
Application 08/804,284
tubular guardrail energy absorbing barrier that
absorbs energy by means of the motion of supporting
telescopic tubes such that upon impact, the impact
forces are transmitted axially to arms, which
contain many stainless steel torus elements that are
squeezed between two cylindrical tubes . . . .
[Column 3, line 57, through column 4, line 2;
emphasis added.]
There are no drawings or other detailed description of this
device in Carney ‘326.
We have carefully considered the above noted disclosure
of Carney ‘326. We also have considered the rest of the
disclosure of Carney ‘326. Despite our best efforts, we
simply cannot determine with any degree of certainty precisely
what the device described at column 3, line 57, through column
4, line 2, might
look like. In a nutshell, the teachings of Carney at column
3,
line 57, through column 4, line 2, are simply too obscure to
provide a basis for establishing a prima facie case of
obviousness of the subject matter of claim 1. More
specifically, the cryptic description of “a U-shaped tubular
guardrail” having “supporting telescopic tubes” that transmit
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