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.