Appeal No. 2006-1189
Application 10/707,148
it. However, such expression alone, while somewhat imprecise, does not automatically
render appellant’s claims 6, 9 and 10 indefinite under 35 U.S.C. § 112, second paragraph. If
one of ordinary skill in the art would understand what is claimed upon consideration of the
claim as a whole, in light of the specification, and thus would be reasonably informed as to
the boundaries of what constitutes infringement, then the claim serves the notice function
and meets the statutory requirements of 35 U.S.C. § 112, second paragraph.
The specification and claim 6 on appeal define the barrier as having a “low profile” and
as including a plurality of upwardly extending sections or studs (12) that are of “limited
height,” which is defined in claim 6 as meaning that the upwardly extending sections are
“sufficiently short so that an infant would not be able to grab and detach any of said
upwardly extending sections,” and further as being such as to permit older children and
adults to step over the barrier. Paragraph [0011] of the specification indicates that the
upwardly extending sections or studs are “of a very short length” and are designed so that
contact with the studs will result in temporary discomfort sufficient to discourage an infant
from further movement in a predetermined direction. Regarding the depth/width of the
barrier, claim 6 indicates that the sheeting material of the barrier is “sized for older children
and adults to step over while still providing sufficient depth to discourage an infant from
attempting to cross.” The specification (paragraph [0016]) provides further insight and
indicates that the required depth or width of the barrier “is only to be of a distance which is
only slightly more than the step or two of an infant” and notes that, therefore, older children
and adults will have no difficulty stepping over the barrier or reaching across a barrier.
Paragraph [0018] makes clear that the method of the present invention is intended to apply
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