其實權利範圍中使用"can"或"can be"是否不明確應該是看上下文來決定，但比較安全的方式就是不用，但是確實有些發明人或撰稿人會用，也獲准專利了，比如：
老一點的專利：US 5404910
Claim 1
1. A control device which can be fitted to a tap for regulating and cutting off a flow of combustible gas, particularly for domestic cookers, including a base (4) on which a knob (12), which is intended to be fixed to a member (2) for operating the tap, is rotatable to regulate the gas-flow, including:
...
wherein the knob (12) is rotatably disengaged from the stop mechanism (30, 46), so that the knob (12) can be operated to regulate the gas-flow independently of the setting of the time for which the tap remains open, and
...
新一點的專利：US 8656597
Claim 1
...
an electronic control board having a microprocessor, said electronic control board configured such that analog or digital electrical information transmitted by the magneto-resistive sensors can be analyzed based on an inclination of magnetic field lines to the magneto-resistive sensors, said electronic control board for controlling said actuator for positioning said movable element based on a position of said control device.
Nautilus案例參考：
http://enpan.blogspot.tw/2014/06/nautilus-inc-v-biosig-instruments-inc.html
本PTAB案例：Ex parte Breed, Appeal No. 2012-003990 (PTAB 2014)
系爭專利案為12/020,684，揭露一種具有無線傳感與通訊功能的行車線（traffic lanes），這是一種高速公路監測的系統，車輛上、道路上與路邊設有多個感測器，這些有關四周環境的訊息透過無線通訊方式傳遞出去，作為監控的目的，傳出的訊息有壓力、溫度、濕度、摩擦力等。
公開資料中顯示Claim 1經過幾次演變：
申請時：
1. A driving condition monitoring system for a vehicle on a roadway, comprising:
sensors located on or in a vicinity of the
roadway, said sensors being structured and arranged to provide
information about the roadway, travel conditions relating to the roadway
and external objects on or in the vicinity of the roadway; and
at
least one interrogator arranged on the vehicle for receiving
information obtained by said sensors and transmitted by said sensors
using a wireless radio frequency mechanism.
...
之後進入PTAB的樣貌不太一樣了：
1. A driving condition monitoring system for a vehicle on a roadway, comprising:
sensors located on or in a vicinity of the roadway, said sensors being structured and arranged to provide in formation about the roadway, travel conditions relating to the roadway and external objects on or in the vicinity of the roadway; and
at least one interrogator arranged on the vehicle that receives the information obtained by said sensors and transmitted by said sensors using a wireless radio frequency mechanism; and
a communications device arranged on the vehicle and coupled to said at least one interrogator, said communications device being arranged to transmit the information received by said at least one interrogator from said sensors to a remote location separate
and apart from the vehicle and the roadway,
sensors located on or in a vicinity of the roadway, said sensors being structured and arranged to provide in formation about the roadway, travel conditions relating to the roadway and external objects on or in the vicinity of the roadway; and
at least one interrogator arranged on the vehicle that receives the information obtained by said sensors and transmitted by said sensors using a wireless radio frequency mechanism; and
a communications device arranged on the vehicle and coupled to said at least one interrogator, said communications device being arranged to transmit the information received by said at least one interrogator from said sensors to a remote location separate
and apart from the vehicle and the roadway,
wherein the information received by said at least one interrogator is provided to an operator of the vehicle; and
whereby roadway conditions from multiple roadways can be obtained and processed at the remote facility via multiple vehicles travelling on different roadways or different portions of the same roadway and can be directed from the remote facility to other vehicles on the roadway or roadways from which the information is obtained.
whereby roadway conditions from multiple roadways can be obtained and processed at the remote facility via multiple vehicles travelling on different roadways or different portions of the same roadway and can be directed from the remote facility to other vehicles on the roadway or roadways from which the information is obtained.
先前技術與核駁理由：
PTAB判斷權利範圍不明確的理由包括我們一般皆知"can be"為不清楚的用語。
過程中，訴願人認為"can be"為一種選擇式的描述，如同"optionally"，沒有不明確的問題，不過這樣的回應仍被審查委員反對。
審查委員給了"can"解釋，認為這個動詞有多種意義，可以指出一些實體上的能力或其他功能，也可以作為描述可能性或概率。
也就是，PTAB中馬上採用了最新出爐最高法院對明確性的態度，也就專利撰寫者是最好解決專利範圍模糊問題的人，認為即便訴願人多次回應這些不明確的核駁理由，有多次解決問題的機會，但仍沒有解決模糊的問題。
於是，PTAB作出同意USPTO對於專利範圍不明確的意見。
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