What is the MPEP’s stance on using exemplary language in patent claims?
The Manual of Patent Examining Procedure (MPEP) advises against using exemplary language in patent claims. According to MPEP 2173.05(d), “Description of examples or preferences is properly set forth in the specification rather than the claims. If stated in the claims, examples and preferences may lead to confusion over the intended scope of a claim.”
The MPEP suggests that using phrases like “for example” or “such as” in claims can potentially make the scope of the claim unclear, which may result in indefiniteness issues under 35 U.S.C. 112(b).
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" "Such As"),
MPEP 2100 - Patentability,
MPEP 2173.05(D) - Exemplary Claim Language ("For Example,
Patent Law,
Patent Procedure