truction of shoe,
and also a buttonhook for buttoning said shoe, the article
and not the tool claims control.
(32) Where a patent contains claims to a process and a product, the
process claims govern the classification in those cases where search
among machines for making the product would have to be made, and such
processes would be classifiable on the basis of the mode of operation,
usually in the same class with machines for practicing such processes.
(See Rule 28.)
Example: A patent having a claim for a process of making
bifocal lenses, consisting in grinding the surface of one
piece of glass to form a convex lens, heating another piece
of glass until it is plastic, then forcing the ground
surface of the first-named piece into the body of the
latter and gradually cooling the lens-blank thus formed;
and also a claim for a bifocal lens composed of two pieces
of glass weld-united, would be classified in
Glass-manufacture and cross-referenced into lenses. Or a
patent having a claim to a process of making a metal plate
with elongated perforations, consisting in forming round
perforations in the plate and subsequently rolling the
plate, thereby thinning and elongating the plate and
elongating the openings, and also a claim to a metallic
plate having relatively long and narrow perforations, would
be classified on the basis of the process claim.
(33) Where a patent claims both process and product, and the alleged
process is disclosed in the product, so that search would have to be
made in the appropriate class of products, the product will be adopted
as the basis of classification, and classification will be in the
appropriate product class. (See Rule 28.)
Example: A claim for a process of making a pencil
consisting in assembling a core of graphite with a
sheathing of wood, and attaching a cap of
rubber-composition to one end, would be classified as a
pencil rather than as a process, became conception of the
article is inseparable from the process and search must be
made in the article class.
(34) Where a patent claims a process of making a composition of matter,
and also the composition of matter, the claims will be classified in
general in accordance with the classification of the composition of
matter in all cases where the process is peculiarly adapted to produce
the composition, as by setting forth the introduction or assemblage of
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