Chapter IV – Claims (Art. 84 and formal requirements)
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  7. 4. Clarity and interpretation of claims
  8. 4.9 Optional features
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4. Clarity and interpretation of claims

Overview

4.9 Optional features 

A revised version of this publication entered into force.

Optional features, i.e. features preceded by expressions such as "preferably", "for example", "such as" or "more particularly" are allowed if they do not introduce ambiguity. In such a case, they are to be regarded as entirely optional.

These expressions introduce ambiguity and render the scope of the claim unclear if they do not lead to a restriction of the subject-matter of the claim.

For example, the wording "a method to manufacture an artificial stone, such as a clay brick" does not fulfil the requirements of Art. 84, because a clay brick will never be an artificial stone. Hence it is unclear if either an artificial stone or a clay brick is manufactured by the method of the claim.

Analogously, the wording "the solution is heated up to between 65 and 85°C, particularly to 90°C" does not fulfil the requirements of Art. 84 because the temperature after the term "particularly" contradicts the range before it.

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