EPO - Principal Directorate Patent Grant Automation - Directorate Classification
Project: M734
Subject: Use of terms "machine"
and "tool" in B25D
Comment
Ref.:
IPC Subclass: B25D
25 March 2011
Annexes 2 and 3 of project file
EP thanks the Rapporteur and JP for their contribution to this project.
According to Rapporteur's opinion, it would be the most straightforward approach to use the
following terms systematically with the following meaning at least within classes B23 and B25 and
consequently maybe also in class B24:
machine: stationary power-driven unit
tool or device or apparatus: hand-held, manually operated unit or portable power-driven unit
EP believes that the proposed changes to group titles are not of maintenance type but considerably
impact the file scope of this places. Therefore, EP can not agree with the above approach and the
proposed changes. EP support JP opinion that the changes to the group titles belonging to B25, B23
and B24 are not necessary.
G. Peschel, J. Dindorf
Rapporteur's opinion is essentially based on the following assumptions:
a) a “machine” is always powered by an auxiliary power-source whereas a “tool” can either be
operated manually, i.e. by muscular strength, or by an auxiliary power-source, i.e. a power
tool
b) a power-driven unit can not be called “machine” or “tool” synonymously
c) the correct use of the term “machine” can be derived from subclass B23D. In this subclass
the term “machine” is systematically used for stationary, i.e. not portable units whereas
hand-held or portable units are systematically called “devices” or “apparatus”
d) stationary units for which the term “machines” is used, are usually designed for working
work pieces with high precision and therefore usually comprise a stable, accurately levelled
machine bed, a stiff frame and precise guiding.
e) The wording "hand-held or like portable drilling machines driven by man-power" seems to
be a contradiction in itself, as well as "hand-driven machines".
As long as not otherwise defined in the IPC, the meaning of a word should be in line with what is
generally accepted in the respective language. The wording of a classification place must clearly
indicate the scope of the place. The scope of the place should not be used for defining the meaning
of the wording of the classification place.
In case of doubt about the correct interpretation or the use of an expression, the skilled person
would consult a dictionary.
Dictionaries provide the following definitions:
Machine:
- An apparatus using or applying mechanical power and having several parts, each with a definite
function and together performing a particular task; technical any device that transmits a force
or directs its application (Concise Oxford English Dictionary 2008).
- An apparatus, appliance, instrument; an apparatus for applying mechanical power, consisting of
a number of parts, each having a definite function; (mech) any instrument for transmitting
force, of modifying its application (Shorter Oxford English Dictionary 1944, 1991).
Tool:
- Any instrument of manual operation; a mechanical implement for working upon something, as by
cutting, striking, rubbing, or other process, in any manual art or industry; usu. one held in and
operated directly by the hand, but including also certain simple machines, as the lathe; a
means of effecting something (Shorter Oxford English Dictionary 1944, 1991).
- A device or implement, typically hand-held, used to carry out a particular function (Concise
Oxford English Dictionary 2008).
Machine-tool:
- A machine for cutting or shaping wood, metals etc., by means of a tool, esp. one used in a
machine-shop (Shorter Oxford English Dictionary 1944, 1991).
Device:
- A machine or tool used for a specific task; contrivance (thefreedictionary.com)
Apparatus:
- A collection of instruments, machines, tools, parts, or other equipment used for a particular
purpose; a machine having a specific function (thefreedictionary.com)
According to these definitions, a machine can be powered by an auxiliary power-source or by manpower and is not necessarily a stationary unit designed for working work pieces with high precision
and therefore comprising a stable, accurately levelled machine bed, a stiff frame and precise
guiding, contrary to assumptions a), c) and e).
A power-driven unit could be called “machine” or “tool” simultaneously depending on its
construction. Some tools without an assembly of interconnected components arranged to transmit or
modify force in order to perform useful work, like a hammer, will not be regarded as a machine (see
assumption b)).
A machine could be hand-held and driven by man-power, like the drilling machines disclosed in the
documents GB19091327A and GB191019347A (see assumption e)).
The above definitions do not support the opinion that the combination of terms "tool or device or
apparatus" should be limited to the meaning "hand-held, manually operated unit or portable power-
driven unit". While the limitation would be correct in view of a definition of the noun tool, the
meaning of the words device or apparatus is not limited to hand-held, manually operated unit or
portable power-driven unit.
With an exchange of the term "machine" and "tool" in the title of a group, the scope of the title and
the group will be altered. The meaning of the noun "tool" encompasses machines and also simple
tools, like the above mentioned hammer. These simple tools are not included in the meaning of the
word "machine". Therefore, if "machine" is replaced by "tool", the scope of the group is extended to
include simple tools which are not machines. If "tool" is replaced by "machine" the scope is reduced
to "machines", excluding the simple tools like a hammer. A machine does not necessarily need to be
provided with a tool, but it is then usually at least able to be connected with a tool to perform a
specific task.
Exchanging the words "machine" and "device" would also alter the scope of a title. The technical
meaning of "device" is very broad and includes simple tools. Therefore, if "machine" is replaced by
"device", the scope of the title would be extended.
The suggested group title changes would lead to an undesired extension of the scope of the title or
in one case, the scope would remain the same and would therefore not be necessary (B23C1/20).
The changes in detail with added comment:
B23B
45/00
Hand-held or like portable drilling machines tools, e.g.
drill guns; Equipment therefor (details or components, e.g.
casings, bodies, of portable power-driven tools not
particularly related to the operation performed B25F 5/00)
[4]
By this change, the scope of the
reference would be extended to include
hand-held tools which are not machines.
B23B
• with superimposed percussive action (portable
percussive machines tools with superimposed rotation B25D
16/00) [3]
By this change, the scope of the title
would be extented to include hand-held
tools which are not machines.
B23C
1/20
• Portable devices or machines power-driven tools
(details or components, e.g. casings, bodies, of portable
power-driven tools not particularly related to the operation
performed B25F 5/00); Hand-driven devices or machines
tools [4]
By this change, the scope of the title
would remain the same, if the meaning
of "devices" is very broad and includes
machines and power-driven tools, as
well as hand-driven machines or tools.
B23G
1/22
• Machines or devices specially designed for operating
on pipes or tubes
A device could also be a tool. By this
change, the scope of the title would be
extended to include tools which are not
machines.
B24B
15/03
•• using portable or mobile machines devices [4]
A device could also be a tool. By this
change, the scope of the title would be
extended to include tools which are not
machines.
45/16
B24B
23/00
Portable power-driven grinding machines devices, e.g.
hand-guided; Accessories therefor (B24B 7/18 takes
precedence; for grinding seat surfaces B24B 15/00; having a
flexible shaft B24B 27/027; grinders for cutting-off B24B
27/08; dust extraction equipment B24B 55/10; details or
components, e.g. casings, bodies, of portable power-driven
tools not particularly related to the operation performed
B25F 5/00) [4]
By this change, the scope of the title
seems not to be changed considerably,
but the braoder 'device' would replace
the more concise term 'machine'.
B24B
23/08
• Portable power-driven grinding machines devices
designed for fastening on workpieces or other parts of
particular section, e.g. for grinding commutators
By this change, the scope of the title
seems not to be changed considerably,
but the braoder 'device' would replace
the more concise term 'machine'.
B24B
55/00
Safety devices for grinding or polishing machines or
devices; Accessories fitted to grinding or polishing
machines or devices for keeping tools or parts of the
machine or device in good working condition (of general
applicability for machine tools B23Q 11/00; in general
F16P)
A device could also be a tool. By this
change, the scope of the title would be
extended to include tools which are not
machines.
B24B
55/05
•• specially designed for portable grinding machines
devices [4]
A device could also be a tool. By this
change, the scope of the title would be
extended to include portable tools which
are not machines.
B24B
55/06
• Dust extraction equipment on grinding or polishing
machines or devices (B24B 31/12 takes precedence)
A device could also be a tool. By this
change, the scope of the title would be
extended to include tools which are not
machines.
B24B
55/10
•• specially designed for portable grinding machines
devices, e.g. hand-guided [4]
A device could also be a tool. By this
change, the scope of the title would be
extended to include tools which are not
machines.
B25D
Portable percussive machines tools with superimposed
rotation (portable drilling machines tools with superimposed
percussive action B23B 45/16) [3]
By this change, the scope of the title
would be extended to include tools
which are not machines.
16/00