I have noticed that examiners in the US and Canada usually complain about stating preferred values of a broader range in a claim. What would be the best way to amend such claim to comply with clarity?
1 Answer
There is nothing wrong with using the word “preferably” in relation to numerical values in the specification.
However a claim needs to define a boundary between what it covers and what it does not cover so there is no place for that word in any claim. Does a product infringe that doesn’t meet the “preferred” values?
You can use “about” and “an effective amount”.
You can have an independent claim with the broader values and a depended claim with narrower values. Each clear but one a subset of the other.