Patent bar Design and plant applications question: drawings show the sole in solid lines and the upper in broken lines

Patent barDesign and plant applications

In a design application for a shoe, the drawings show the sole in solid lines and the upper in broken lines. The specification states that broken lines show portions of the shoe that form no part of the claimed design. What is claimed?

A The sole and the upper, but only as a combination
B Nothing, because broken lines make the claim indefinite
C The upper only
D The ornamental design of the sole only
E The whole shoe, including the upper

Show the answer and explanation

Answer: D. The ornamental design of the sole only

Answer: The ornamental design of the sole only. Structure shown in broken lines is not part of the claimed design; it shows environment or unclaimed portions. A statement in the specification explaining the broken lines is appropriate (MPEP 1503.02(III)). Why not the others: - The whole shoe: the upper is disclaimed by the broken lines. - Indefinite: broken lines are an accepted practice. - The upper only: the upper is the unclaimed part. - Combination: the broken-line upper is not part of the claim at all. Rule: Solid lines claim; broken lines disclaim. Source: MPEP § 1503.02 (9th ed., Rev. 01.2024); 35 U.S.C. 171; 37 CFR 1.152; as at Oct 2026

Common mistake

Thinking everything in the drawing is claimed.

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Original study material written from the MPEP; not a question from the current exam.Independent. Not affiliated with or endorsed by the USPTO. Verify figures and rules against current guidance before relying on them.