Appeal No. 2003-1081
Application 08/581,347
substrate can be outside the seal and can touch the lower
electrode. Thus, the specification indicates that the
temperature at the periphery of the appellant’s substrate can
differ from the temperature of the central portion of the
substrate. The specification calls the temperature across such a
substrate “substantially uniform”, but does not provide a
standard for measuring the degree encompassed by “substantially”.
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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