"gaps in the patent commitment" needs to be clarified - suggesting CLA problem?

[wayneca]

In the bullets after "Arguments against focused on mandating using W3C Community Groups to incubate proposals "

There may be gaps in the patent commitment if all spec contributors to the incubation don't join the WG

Does this mean: "When incubation does not occur in an environment with a patent policy like a W3C Community Group under the CLA, there may be gaps in the patent commitment if all spec contributors to the incubation don't join the WG "

Or is it suggesting the W3C Community Group section on use in W3C specs isn't sufficient?
9.2.1 in https://www.w3.org/community/about/agreements/cla/