What are some examples of claim language that have been held to be indefinite due to exemplary phrasing?

The MPEP 2173.05(d) provides several examples of claim language that have been held to be indefinite due to exemplary phrasing:

• “R is halogen, for example, chlorine”
• “material such as rock wool or asbestos” (Ex parte Hall, 83 USPQ 38 (Bd. App. 1949))
• “lighter hydrocarbons, such, for example, as the vapors or gas produced” (Ex parte Hasche, 86 USPQ 481 (Bd. App. 1949))
• “normal operating conditions such as while in the container of a proportioner” (Ex parte Steigerwald, 131 USPQ 74 (Bd. App. 1961))
• “coke, brick, or like material” (Ex parte Caldwell, 1906 C.D. 58 (Comm’r Pat. 1906))

However, the MPEP cautions that these examples are fact-specific and should not be applied as per se rules. Each case should be evaluated individually for clarity and definiteness.

To learn more:

• indefinite claims
• exemplary language
• claim drafting
• patent examination
• case law