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Chapter Table of ContentsBy determining the proper classification designation of each claim in a patent separately, and then assigning each separate classification designation to the patent, you can be reasonably certain that the claimed subject matter contained in the patent is retrievable. Each such classification is a mandatory classification. The Section IV, A, above). The remaining mandatory classifications are designated as and the patent documents are so labeled. is selected from among the mandatory classifications as being the highest in the schedule (superiority) of the class containing the controlling claim (seeAlso designated as cross-references are any number of additional classifications that are deemed appropriate by the classifier or examiner, within the guidelines set forth below. These cross-references may provide for disclosure not encompassed by the claims or for claimed subject matter that may be useful in classifications other than the mandatory classifications determined by the placement procedures in Section V. The question of what unclaimed subject matter should be cross-referenced, and where, must be left to the judgment of the classifier or the examiner familiar with the art. Since there is a presumption that unclaimed subject matter is not new, it may be of little value. However, this is not always true, and much of this subject matter should be cross-referenced to make it available to a searcher. There are no exact rules. When, in the judgment of the classifier or examiner, the subject matter is useful and is disclosed in sufficient detail and clarity to be used as a reference, it should be cross-referenced.
Unfamiliar subject matter should not be ignored. If a specific composition, electrical circuit, joint support, etc., is disclosed, it should not be assumed that it is conventional or not useful merely because it is not claimed. A classifier or examiner having experience in such unfamiliar art should be consulted to determine if a discretionary cross-reference would be useful.
Subject matter cross-referenced to a subclass should fit the definition of the subclass. However, since the ultimate objective is to aid the searcher, a large amount of discretion may be used. In creating the USPC system, several techniques have been used to limit the need for discretionary cross-referencing. These consist of (1) proper positioning of subclasses in a class schedule and (2) search notes.
A search note in the class definition of each of related classes generally precludes the need for discretionary cross-referencing. However, as in all discretionary cross-referencing, there may be a time when it is desirable to cross-reference even if there is cross noting. For example, if a claim is classified in a combination class, it may be desirable to cross reference it to the subcombination class even if the locations are cross noted. A patent classified in a class providing for a subcombination (e.g., a machine tool chuck) should not necessarily be cross-referenced to a combination class (e.g., machine tool) solely on the basis of the subcombination.
The following general considerations apply to the placement of discretionary cross-references:
In each of the above situations, it is quite common to find one or two cross-references, irrespective of the presence of a search note. Classifiers frequently do this to alert a searcher who may have overlooked the search note to a pertinent field of search.
The two most frequent types of relationship between a parent subclass and subclasses indented under it are (a) combination-subcombination and (b) genus-species.
A note in a first subclass may indicate that a second subclass should be searched in connection with a search for the subject matter of the first subclass. This does not preclude cross-referencing of a patent from the second subclass to a subclass indented under the first subclass and directed to a specific variant thereof. Only U.S. patent grants classified with original (OR) classifications in a subclass are accorded evidential value to construe titles, definitions, and notes of the subclass. This is because discretionary cross-references often reflect a great deal of subjective judgment on the part of an examiner or classifier, and there is no distinction made between mandatory and discretionary cross-references in the labeling of patent documents. Thus, for the purpose of (a) resolving differences as to placement of a patent application or a patent or (b) demonstrating separate classifications or divergent fields of search in an examiners requirement for restriction, only patents placed as ORs may be cited. .Next Chapter Index Back to Table of Contents Previous Chapter |
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