THE CLASSIFICATION OF PATENTS

WASHINGTON
GOVERNMENT PRINTING OFFICE
1915

PREFATORY NOTE.

Parts A and B of the following pages are designed to acquaint all persons using the Patent Office classification with the principles upon which the reclassification is proceeding.

Part C consists of a few tentative rules advanced with the notion of fixing classification practice within the office in certain doubtful cases.

Part D is intended to inform examiners reclassifying within examining divisions respecting the initial procedure in reforming a class.

CONTENTS.

  1. A. Introduction. [1]
    1. Past classifications of the U. S. Patent Office. [1]
    2. Beginning of revision. [2]
    3. Precedents and authorities. [3]
    4. Definition of scientific classification. [4]
  2. B. Principles of the new classification of the Patent Office. [4]
    1. Elements of a Patent Office classification. [4]
      1. Basis of classification. [5]
        1. Art as a basis. [5]
        2. Function or effect as a basis. [7]
        3. Structure as a basis. [8]
        4. Infinitude of possible combinations. [10]
        5. Division and arrangement in the natural sciences. [10]
        6. Difficulty of entitling a subclass corresponding to every combination.[11]
        7. Expedients to reduce the number of subdivisions. [12]
        8. Superiority and inferiority. [15]
        9. Definite positional relationship of subdivisions. [16]
        10. Indented schedules. [17]
        11. Bifurcate division. [19]
        12. Utility of arrangement according to resemblances. [19]
        13. Claimed or unclaimed disclosure. [22]
        14. Diagnosis of pending applications. [23]
        15. Difficulties due to varying ideas of claims. [25]
      2. Division and arrangement. [9]
      3. Definition. [20]
      4. Cross-references and search-notes. [21]
      5. Diagnosis to determine classification. [22]
  3. C. Rules of classification. [26]
    1. Basis of classification. [26]
      1. 1. "Art" as the basis. [26]
      2. 2. Operative or manipulative arts. [26]
      3. 3. Structures. [26]
      4. 4. Composition of matter and formed stock. [26]
    2. Division and arrangement. [27]
      1. 5. Exhaustive division; miscellaneous subclass. [27]
      2. 6. Subclasses not to overlap. [27]
      3. 7. Subclasses of any group to be formed on one basis. [27]
      4. 8. Apparent exception to rules 6 and 7. [27]
      5. 9. Relative position of subclasses. [27]
      6. 10. Indention of subclasses. [29]
      7. 11. Different kinds of titles for subclasses. [29]
      8. 12. Arrangement to limit search and cross references. [30]
    3. Definition. [30]
      1. 13. Tentative definition. [30]
      2. 14. How to define. [30]
      3. 15. Explanatory notes may sometimes displace definition. [31]
    4. Cross-references and search-notes. [31]
      1. 16. Impossibility of cross-referencing all disclosures. [31]
      2. 17. Occasion and direction of cross-referencing. [31]
      3. 18. Occasion and scope of search-notes. [32]
    5. Diagnosis to determine classification. [32]
      1. 19. Patents diagnosed by claimed disclosure. [32]
      2. 20. Patents diagnosed by most intensive claim. [33]
      3. 21. Exception to rule 19, claim for a part of a disclosed combination. [33]
      4. 22. Exception to rule 19, claims for a part of a disclosed combination. [33]
      5. 23. Exception to rule 19, generic combination old as matter of common knowledge. [34]
      6. 24. Exception to rule 19, article of manufacture defined only by material. [34]
      7. 25. Exception to rule 19, utilizing a composition. [34]
      8. 26. Exception to rule 19, utilizing a machine. [34]
      9. 27. Patents having claims for several different inventions. [35]
      10. 28. General rule of superiority between statutory kinds of invention. [35]
      11. 29. Exception to rule 28. [35]
      12. 30. Process and apparatus. [36]
      13. 31. Article of manufacture and instrument for making a part of it or performing any minor act relative thereto. [36]
      14. 32. Process and product where search for the process would have to be made among machines. [36]
      15. 33. Process and product where search for the process would have to be made among products. [36]
      16. 34. Process of making a composition and the composition where the process is peculiarly adapted to make the composition. [37]
      17. 35. Article of manufacture or composition and process for making one of the parts of the article or ingredients of the composition. [37]
  4. D. Procedure in reclassifying within examining divisions. [37]
    1. 1. General attitude. [37]
    2. Procedure involving only cursory scrutiny of familiar patents—
      1. 2. Consider wholes in forming tentative subdivisions of subclasses. [38]
      2. 3. Write tentative definitions of subdivisions. [38]
      3. 4. Consider the significance of analogies found to traverse parts of two or more existing subclasses. [38]
      4. 5. Arrange groups on parallel or accordant lines where practicable. [38]
      5. 6. Watch for subcombinations deserving separate recognition. [38]
      6. 7. Consider whether the groups collectively will constitute a proper class and their best correlation. [38]
    3. Procedure involving rigorous analysis—
      1. 8. Diagnose each patent for original classification. [39]
      2. 9. Group and consider the disposition of patents deemed foreign to the class. [39]
      3. 10-15. Consider and indicate cross-referencing within and to and from the the class. [39], [40]
  5. Note. [40]

THE CLASSIFICATION OF PATENTS

(A) INTRODUCTION.

Classification lies at the foundation of the mental processes. Without the power of perceiving, recognizing resemblances, distinguishing differences in things, phenomena and notions, grouping them mentally according to those resemblances and differences, judgment is impossible, nor could reason be exercised in proceeding from the known to the unknown.

The facilitation and abbreviation of mental labor is at the bottom of all mental progress. The reasoning faculties of Newton were not different in qualitative character from those of a ploughman; the difference lay in the extent to which they were exerted and the number of facts which could be treated. Every thinking being generalizes more or less, but it is the depth and extent of his generalizations which distinguish the philosopher. Now it is the exertion of the classifying and generalizing powers which thus enables the intellect of man to cope in some degree with the infinite number and variety of natural phenomena and objects. (Jevons, Principles of Science.)