(7) After a knowledge of the material of the class has been obtained by

estimating the resemblances between the individual patents that have

been assembled in the several groups, comparison of these groups,

represented by the bundles of photolithographs, by the aid of the

approximate definitions and notes attached can be made. It can then be

decided whether all of these groups are to be retained in the proposed

class, and the retained groups can be organized into a class with the

subclasses arranged so as to bring those subclasses having the strongest

resemblances in closest relation, and in such order as to comply with

the conventions adopted in the official classification. It will probably

be necessary to have one subclass or group as broad as the definition of

the class, to take unclassifiable matter and to provide for possible

future inventions.

(8) Up to this point, more or less cursory attention may be given

individual patents; but when an arrangement of subclasses shall have

been tentatively adopted it will be necessary to consider each patent

carefully to ascertain whether it is properly placed.

(9) Patents that, considered as an entirety, cover means not peculiar to

the class or subject-matter being revised, should, in general, when

assembled in groups as indicated, have a note attached indicating not

only want of limitation to the subject-matter of the class but also a

more appropriate class to receive them if such there be. Although a very

large proportion of patents can be accurately classified as indicated by

their titles and stated uses, the mere fact that in a patent found in a

class the invention is called in the specification or claims by a name

peculiar to the class is not of itself a reason for considering it

peculiar to the class. A gas and liquid contact apparatus may be called

a heater, a cooler, a gas-washer, a water-carbonator, a condenser, a

disinfecter, an air-moistener, and so on, depending upon accident of

use. If there are not elements in some claim to confine the means

described distinctively to what it is called, or if there are no

functions necessarily implied in the means claimed peculiar to the named

use, the patent should not be kept in the class unless there is no other

class in the office that can receive it.

Example: Where the matter claimed is a metal beam of

peculiar cross-section, it should be classified with other

metal beams, as in Class 189, Metallic Building Structures,

even if it is named in the application as a beam of

particular use, as a railroad-tie, car-sill, bridge-tie,

etc. Should a mere dash-pot be found classified in Class

171, Electricity, Generation, a note should be attached

indicating that it belongs in the appropriate element

class.

(10) In giving this final careful attention to the patents, each should

also be scanned to see whether it contains matter that should be

cross-referenced. A few lines obscurely located in a specification may

contain a disclosure of a most valuable invention. No class can be

deemed complete until the disclosures appropriate to it found as parts

of more complex inventions in other classes, or disclosures of analogous

matter in other classes, are either cross-referenced into it or cross

search-notes made.

(11) To indicate cross-references, from one subclass to another within

the class or from the class under consideration into another class,

attach a small slip of paper to the patent and mark on the slip the

subclass number in which the cross-reference shall be mounted. If the

matter to be cross-referenced relates only to a portion of a voluminous

patent, the portion of the specification and drawing to be

cross-referenced should be indicated. If the cross-reference falls

outside the class, the class number should be noted in addition to the

subclass number.

(12) Should it be found that the handling of copies in making

examinations detaches the cross-reference slips, it may be advisable to

mark lightly but legibly in pencil on the lower right-hand corner of the

examiner's photolithograph the number of the subclass or subclasses into

which it is to be cross-referenced, or the number of the class and

subclass in case it is to be cross-referenced to another class.

(13) Whether cross-reference notations are written on a separate slip or

on the photolithograph, the number of the class and subclass into which

a patent is to be cross-referenced should always be preceded by X (thus

X 101-23) in order to distinguish the original classification notation

from the cross-reference notation and enable sorting and indexing to be

done without confusion.

(14) To indicate cross-references from other classes into the one being

reclassified, set down the number of the patent in a notebook, placing

after the number (1) the class and subclass in which it is classified;

and (2) the number of the class and subclass in which it is to be

cross-referenced.

(15) Should new subclasses be formed or transfers of patents be

determined on, and lists of the patents, instead of copies thereof, be

furnished clerks for the purpose of making such subclasses and transfers

and correcting the official indexes and other records, each patent

should be listed by number in column to the left of a sheet of paper or

notebook, and opposite each patent number on the same sheet should be

written (1) the number of the class and subclass in which it is

officially classified; (2) the number of the class and subclass to which

it is intended to transfer it; and (3) the numbers of the classes and

subclasses, preceded by X, into which it is intended to cross-reference

it.

Note: Even though examiners engaged in reclassifying are

confident of their ability to classify and arrange on

better principles than those that have been applied thus

far in the classification, they ought, nevertheless, to

follow those principles under which one-half of the patents

have been classified. Until the Commissioner of Patents

orders examiners to classify on other principles, it is

expected they will follow those now established.

+-----------------------------------------------------------------+

| Transcriber's Note: |

| |

| Every effort has been made to replicate this text as faithfully |

| as possible, including obsolete and variant spellings and other |

| inconsistencies. |

| |

| For readability, the footnotes have been moved to the end of |

| the relevant chapter. |

| |

+-----------------------------------------------------------------+

The Classification of Patents · 第 5 / 5 段