Appeal No. 97-2888
Application 08/389,077
above with respect to claims 1 and 17, claims 6, 21 and 34 are
also rendered indefinite by the double inclusion of the same
elements. Claims 62 and 63 are dependent on claim 6 and are
likewise indefinite.
Claims 8 and 16 are indefinite because there is no
apparent antecedent basis for "said major posterior support
member."
Claim 41 and claims 42 and 64, which depend on claim 41,
are indefinite because there is no apparent antecedent for
"the side" recited in line 2 of claim 41.
Claim 61 is clearly incomplete because it is dependent on
claim 55 which was previously canceled.
In some instances, it is possible to make a reasonable,
conditional interpretation of claims adequate for the purpose
of
resolving patentability issues to avoid piecemeal appellate
review. In the interest of administrative and judicial
economy, this course is appropriate wherever reasonably
possible. See Ex parte Saceman, 27 USPQ2d 1472, 1474 (Bd.
Pat. App. & Int. 1993); Ex parte Ionescu, 222 USPQ 537, 540
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