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Author Topic: What exactly does exemplary embodiment mean?  (Read 1510 times)

mnb

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What exactly does exemplary embodiment mean?
« on: 05-27-11 at 06:45 am »

When writing the specification, what exactly does exemplary embodiment mean?

According to dictionary.com
http://dictionary.reference.com/browse/exemplary

1. worthy of imitation; commendable: exemplary conduct.
2. serving as a warning: an exemplary penalty.
3. serving as an illustration or specimen; illustrative; typical: The sentences read are exemplary of the style of the essay as a whole.

So does it mean an example embodiment or does it mean preferred embodiment, such as an embodiment to follow? Does it have another meaning? Is it better to use a representative embodiment or illustrative embodiment or example embodiment to be more precise?
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OMG IP

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Re: What exactly does exemplary embodiment mean?
« Reply #1 on: 05-27-11 at 08:37 am »

I view it as:  a specific example of something, but not necessarily a limiting example of something.
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JimIvey

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Re: What exactly does exemplary embodiment mean?
« Reply #2 on: 05-27-11 at 10:20 am »

Most people seem to use "exemplary" in patents in the sense of definition 3.  However, definition 1 makes "exemplary" seem like a preferred embodiment to me, so I don't use that word.

I use "illustrative."

Regards.
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mnb

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Re: What exactly does exemplary embodiment mean?
« Reply #3 on: 05-27-11 at 10:49 am »

Jim, I agree with you and that's why I posed the question. The more I think about it, the more exemplary seems not to make sense. Is there a reason for using exemplary or illustrative? What is wrong with using "in an embodiment" or in "another embodiment"? What does exemplary add?
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khazzah

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Re: What exactly does exemplary embodiment mean?
« Reply #4 on: 05-27-11 at 12:14 pm »

Jim, I agree with you and that's why I posed the question. The more I think about it, the more exemplary seems not to make sense. Is there a reason for using exemplary or illustrative? What is wrong with using "in an embodiment" or in "another embodiment"? What does exemplary add?

Based on discussions I've had with others, it seems their reasons follow the ones Jim laid out. And I avoid exemplary for the reason Jim said.

I don't think embodiment needs a qualifier. But I suppose some folks would say that adding exemplary emphasizes the point that it's just an example. But then they're ignoring sense 1, which makes the opposite point, it's not *just* an example, it's the best example. Which, come to think of it, smacks of "preferred embodiment". 

I view it as:  a specific example of something, but not necessarily a limiting example of something.

Interesting. Aren't all examples specific to some degree or another?
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JimIvey

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Re: What exactly does exemplary embodiment mean?
« Reply #5 on: 05-27-11 at 03:31 pm »

What is wrong with using "in an embodiment" or in "another embodiment"?

Nothing at all.

What does exemplary add?

In the context of "an exemplary embodiment", nothing other than perhaps an unintended suggestion that the embodiment is particularly preferred.  I suppose it's intended to emphasize that the embodiment is just an example and therefore no limiting.  I might use "illustrative" for that purpose, though it's not really necessary.

It's hard to think of examples as to when I'd use "illustrative" when I'm not writing an application, but I don't think it hurts to write "an illustrative embodiment".  I might use that in a transition between a general statement and an example or embodiment that illustrates the general statement.  Sometimes, I'll describe usage examples with "illustrative" in there somewhere.

FWIW, I don't label every embodiment as "illustrative".

Regards.
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