ocks that may form a part of the
box are classified.
DIAGNOSIS TO DETERMINE CLASSIFICATION.
(19) Inasmuch as nearly every patent contains disclosure that is
claimed and also disclosure that is not claimed, it has been deemed
advisable to establish the general rule that where the claimed and
unclaimed disclosures are classified in different classes or subclasses
the invention both disclosed and claimed shall determine the placing of
a patent (or a pending application) rather than any selected invention
that may be disclosed but not claimed. "Not claimed" covers means that
may form an element only of a claim as well as means not referred to in
any claim. (See exceptions in Rules 21 to 22 inclusive.)
Example: A patent discloses and claims a dash-pot but
illustrates it in such relation to a metal-planing machine
as to utilize it for checking the movement of the bed at
one end of its path, or in connection with an electric
generator to aid in effecting the brush adjustment; the
patent should be classified in the subclass of Dash-pots.
If the classifier finds the disclosed organization of
dash-pots and planer or dash-pot and generator more than a
conventional illustration of an obvious use, he should note
a cross-reference to Planers or Electricity, Generation. A
patent discloses an internal-combustion engine associated
with a specific form of carbureter; the claims relate to
the engine parts only; the class of Internal-Combustion
Engines should receive the patent, and a cross-reference
should be placed in Carbureters. A patent discloses and
specifically claims the combination of a rail-joint
comprising abutting rails, fishplates, and specific bolts;
the patent goes to an appropriate class of rail-joints, and
if the bolt is more than a mere obvious conventional bolt,
a cross-reference should be noted for the appropriate
subclass of Bolts.
(20) The totality of the claimed invention should be selected when
possible to determine the appropriate class in which to place a patent.
The entire expression of the invention will usually be set forth in the
most relatively intensive claim.[1] In a properly drawn patent there is
at least one claim that will serve as a mark to indicate the
classification of that patent.
(21) Where a patent discloses but does not claim a combination of proper
scope to be classified in a combination subclass and claims merely a
de
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