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[JimIvey]

Since 007 revived this thread....

I have actually wondered why no one has picked up on "can be" vs. "may be" in court.  I think examiners and courts give it a pass, under the "we know what she meant" rubric.  The only way it makes sense to me is that examiners and courts treat "may be" as "can be" even through they don't mean the same thing.

However, as someone who professionally drafts these things, I don't allow myself the "they'll know what I mean" escape from precise writing.  Some day, in some way, they won't know what I meant (or at least won't admit that they know what I meant).

I suspect people use "may be" rather than "can be" under the misunderstanding that "may be" is an older, more polite, and more lawyerly version of "can be".  Don't get me started on people over-lawyerizing their applications (with "said" rather than "the", "plurality", "multiplicity", "heretofore",  etc.).  Remember, ordinary artisans are not lawyers and live in the here and now, not in Victorian England.

Regards.

[NJ Patent1]

"Also, there is case law that says an applicant must describe what the invention is [not what it could/might be] not what the invention does. Using "may" may cast doubt on whether what is being said "is" the invention."

Well, that's the way I always looked at it.  My invention "might" be this or "might" be that, but I'm not going to tell you because I'm concerned that my claims might get limited.  But there is a clear "split of authority" on the may/can point in this thread.   Just have to wait for the CAFC case, but I doubt it'll ever come. 

[NJ Patent1]

Let's lard it up:  The user interface may include commands such as, for purposes of providing example only, and without limitation to the foregoing or following...  Moreover, the forgoing notwithstanding, anything written here that could in any way, shape, or form be in any way shape or form construed as limiting the scope of the claims shall be null, void, and of no force or effect. Bald:, if ur are going to do it, go all the way man!   We need to collaborate and write a book titled, entitled, captioned. and hereinafter described as: "How to write Like a Tool"