The Classification of Patents

Cover The Classification of Patents
The Classification of Patents
United States Patent Office
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A class or subclass defined to receive a certaincombination is superior to one defined to receive an element or acombination that is a part of that certain combination. A class orsubclass defined to receive means for making a particular product, as anelectric lamp, is superior to a class or subclass designed to perform ageneral function, as pumping air from a container. And whenever aquestion of assignment of a patent or application that contains mattersof two or more groups bearing that relati...on is raised, the "superior"group is selected to receive it.
Further, in those instances in which groups are formed on differentbases or different characteristics, not comparable with each other, anda patent is presented having matter falling in each group, that groupwhich is highest in position is preferred in those instances whereseparate provision for means having both characteristics has not beenmade.
In cases of necessity, as where a combination is presented for which noclass has been definitely provided, but classes exist into which theseveral parts would fall if separately claimed, the same practice thatobtains in similar situations with respect to two or more _subclasses_of a class may be followed with respect to two or more _classes_ and thepatent placed in that class which, in accordance with above-statedprinciples, should be deemed the "superior.


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