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.
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| 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. |
| |
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