EPO – Principal Directorate Business Services – Directorate Classification
Project: M753
Subject: Removal of Non-Limiting
References in subclasses under
B31(originating from M750)
Comments
Ref.:
IPC: B31B – B31F
23st October 2014
Rapporteur report and rapporteur proposal (cf. Annex 6 and 7)
Comments
EPO thanks Rapporteur for preparing the Rapporteur report and proposal.
EO submits some observations below. These observations are EPO opinion only.
Although the effort done by rapporteur SE is of outstanding level, which is highly appreciated, EPO
has some reservations about this project. The pure maintenance to an IPC scheme is a very time
consuming task comprising the risks of making unintended changes to the scheme, which are very
difficult to repair (cf. D271 and M751). Notwithstanding the huge effort put in such a project, the
actual obtained benefits to the user of the scheme might be quite limited.
EPO intends to illustrate these arguments orally during the IPC WG.
EPO feels very uncomfortable about the proposal of combined making and filling to B65B as
limiting. A limiting reference implies that certain subject matter is not classified in the location
where the reference is present but somewhere else. This is a very strict instruction to the classifier
and searcher. Although the instruction is very strict, EPO is of the opinion that the wording
“combined” is ambiguous. Does it refer to disclosures whereby the machinery for the making of and
the filling does both, but in fact as independent processes? Or does it refer to machinery whereby the
making of and filling are very much associated? In the last case, the making of might more refer to
preparation steps then really the making of.
EPO further refers to the references being present in B65B 3/02 and B65B 5/02. The way these
reference are formulated (making containers or receptacles of interest apart from this application,
see the appropriate subclasses) suggests that the reference in B31B to B65B is of application nature.
EPO thinks that the references in B31C referring to B29 and B29C are not correctly interpreted, and
as a result, the suggestions made are not completely correct.
EPO would first like to note, that B31C comprises two references, one to B29 and one to B29C.
These separate references were introduced on purpose. Plastics processing is covered by B29 (cf.
title). However note 3 to B31/ as well as Note 1 to B29 specify that plastics sheet material is covered
by B31, when the material is worked in a manner like paper. The reference “characteristics relating
to the working of plastics B29” should be read in this light. Although plastics sheet material is
covered by B31B, as far as its working analogue to paper working is concerned, it does not cover the
aspects being characteristics for the working of plastics thereof (e.g. applying plastic deformation).
It appears therefore that the reference to B29 is of limiting nature.
The second reference, the one referring to B29C refers to plastics and substances in a plastic state.
This is a general statement, and indeed an informative reference and could be reformulated in a
reference to B29C 53/56. There appears, see also the point raised above, no need to take out the part
“shaping of plastics”.
EPO agrees with the analysis by Rapporteur regarding the situation with the references of B44B;
action by IB appears to be required.
EPO agrees with Rapporteur statement as far as the references in B31F 5/00 to B65H are concerned.
Maarten Alink
EPO Classification Board