Ex parte MICHELSON - Page 8




          Appeal No. 97-2888                                                          
          Application 08/389,077                                                      


               Assuming the structure corresponding to the means for                  
          changing the position of the pivoting legs relative to the                  
          first and second frame members includes the attachment plate                
          220, which is disclosed in the specification as forming a part              
          of both the pivoting legs and the cantilevering means, the                  
          attachment plate is recited in claim 1 three different times.               
          Such multiple inclusions of the same element also renders                   
          claim 1 and its dependent claim 17 indefinite.                              
               Claims 6, 21 and 34 are dependent on and, thus,                        
          incorporate by reference all the limitations of independent                 
          claims 2, 18 and 32, respectively.  Claims 2 and 32 call for                
          an adjustable surgical frame having a plurality of pivoting                 
          legs pivotally attached to first and second frame members.                  
          Claim 18 calls for an adjustable surgical frame having a                    
          plurality of legs extending downward from and pivotally                     
          attached to first and second frame members.  Claims 6, 21 and               
          34 further call for means for cantilevering at least a portion              
          of the adjustable surgical frame                                            
          off the end of an operating table.  Thus, for the reasons                   
          given                                                                       


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