Appeal No. 98-3287
Reissue Application 08/354,624
with a reasonable degree of precision as required in In re
Venezia, 530 F.2d 956, 958, 189 USPQ 149, 151 (CCPA 1976).
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
(Bd. App. 1984). In other instances, however, it may be
impossible to determine whether or not claimed subject matter
is anticipated by or would have been obvious over references
because the claims are so indefinite that considerable
speculation and assumptions would be required regarding the
meaning of terms employed in the claims with respect to the
scope of the claims. See In re Steele, 305 F.2d 859, 862, 134
USPQ 292, 295 (CCPA 1962).
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