What are the consequences of undescribed broken lines in international design application drawings?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Undescribed broken lines in international design application drawings can lead to a rejection under 35 U.S.C. 112(b) for indefiniteness. The MPEP provides a form paragraph for examiners to use in such cases:

“The claim is rejected for failing to particularly point out and distinctly claim the invention as required in 35 U.S.C. 112(b). The claim is indefinite because the reproductions include, in figure(s) [1], broken lines that are not described in the specification, and the scope of the claimed design cannot be determined.“

To overcome this rejection, applicants can insert a statement in the specification explaining the purpose of the broken lines, such as: “The broken line showing of [2] is for the purpose of illustrating [3] and forms no part of the claimed design.”