Example: A patent claiming a wheeled vehicle, broadly, in
combination with an internal-combustion engine comprising a
cylinder, a crank-case, a piston and suitably-connected
crank, a valve opening into the crank-case, and a valve in
the piston opening into the cylinder, may be advantageously
classified as an internal-combustion engine notwithstanding
the alleged invention is for a motor vehicle.
(24) In order to meet the situation respecting the classification of
those patents that indiscriminately claim an article of manufacture
defined only by the material of which it is made and those patents that
claim those materials, leaving to the specification information
regarding the designed uses, patents for articles defined only by their
ingredients specifically set forth may be placed in the composition of
matter or material class. (See Rule 19.)
Example: A patent having a claim for a cutter made of an
alloy of iron, tungsten, and manganese would be classified
with Alloys; a patent claiming a box made of paper composed
of two layers united by a solution of asphaltum should go
to the class of Laminated Fabric and Analogous
Manufactures, rather than to paper boxes; and a patent for
a house having its exterior coated with equal quantities by
volume of carbonate of lead and oxid of barium suspended in
a vehicle of linseed-oil would be classified as a paint
rather than as a house.
(25) An alleged process of utilizing a specifically-defined composition
or material which consists in merely applying it to the use it was
designed for may be classified as a composition or material rather than
as a process. (See Rule 19.)
Example: A process of painting the bottom of a marine
vessel which consists in applying thereto a composition
consisting of sulphate of copper, powdered metallic zinc,
chlorid of antimony, and hyposulphite of soda, in a vehicle
of linseed oil, would be more usefully classified as an
antifouling paint than as a ship, as the invention would
hardly be distinguishable from a paint claimed as such and
described for use on submarine surfaces.
(26) An alleged process consisting merely in the use of a
particularly-defined machine or similar instrument operating according
to its law of action will ordinarily be classified in the class or
subclass where the machine belongs. But if in addition to defining the
operation of a particular m
|