33 - WIPO

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United States Patent and Trademark Office
Project: CE 421
Subject: Amendments to the Guidelines for
Revision of the IPC
Date: February 13, 2012
US appreciates the proposal of Annex 24 from Rapporteur concerning amendments
needed to the document “Guidelines for Revision of the IPC”. We agree with most of
Rapporteur’s proposed changes, but do have several comments and additional
proposed changes.
Paragraph 15
US proposes inserting “(see paragraphs 37 and 38)” at the end of the first sentence as
shown below.
When necessary, the scope of a place can be restricted by limiting references (see
paragraphs 37 and 38).
Paragraph 30
1--Concerning the newly proposed bullet 6, we have found many examples where
“special” is used in the IPC and wonder if these should have been “characterised by.”
Therefore, it would be useful if existing IPC examples were included with the bullet 6
reproduced below to further show when “characterised by” is used, when “special”
may be acceptable and when it isn’t.
–
The expression "characterised by …" should be used rather than alternative
expressions such as "having special …".
For example, does R mean that the title below should read “Characterised by the
arrangement or operation of ventilating devices” rather than as it now reads?
E03D 9/04
• Special arrangement or operation of ventilating devices
Based on bullet 6, would the following IPC title more properly read “Characterised by
coverings”?
A63B 39/06
• Special coverings
2--For the newly proposed bullet 7 (reproduced below), we also believe existing IPC
examples would be helpful to clarify when the specified language should be used. Is
it ever valid to use the terms “devices for” or “devices”, and if so, an example of such
cases would be useful.
–
The expressions "arrangement of …" and "arrangements for …" should be
used rather than alternative expressions such as "mounting or disposition of …" and
"devices for …"
For example, does R mean that the title below should read “Arrangements for
removing nibs; Arrangements for cleaning nibs” rather than as it now reads?
B43K 13/00
Devices for removing nibs; Devices for cleaning nibs, e.g. by wiping
Paragraph 39
We find the last sentence of this paragraph (However, in some cases where references
of this type are limiting references, they are included in the scheme) confusing since
we are not aware of many if any cases where the RWG has allowed a reference from
function-oriented to application-oriented place or a reference out of a residual place to
remain in the scheme. Perhaps Rapporteur could provide examples of cases where
this has been done and add them to this paragraph.
Paragraph 40
Existing IPC examples included in this paragraph would be helpful.
Paragraph 41
Existing IPC examples included in this paragraph would be helpful.
Paragraph 77
US suggests the following modifications to R’s proposed wording of this paragraph:
1.
When undertaking substantial revision of a subclass, it should first be
considered whether the first place priority rule should be used. If a revision only
concerns a minor part of a scheme where another general classification rule is applied,
e.g. last place priority rule, introduction of the first place priority rule in only this part
of the scheme may be reconsidered if it would cause confusion.
Paragraph 122
US has also seen the symbols “M” and “U” used. Are these valid symbols? If so,
should they be added to paragraph 122 with an explanation as to when they are
properly used?
Paragraph 126bis
US proposes the following edit to the 4th sentence:
“Depending on the type of revision many different situations can arise”.
Paragraph 127
US proposes the following modification to this paragraph:
127. At the end of each revision project, the rapporteur should check all references
that point to a revised area and make sure that those affected by the amendments are
updated. This check may be carried out with the aid of a reversed list of references
called the Cross Reference Listing (CRL), prepared by the International Bureau,
listing for a given place in the IPC all places (schemes and definitions) where
reference is made to that place.
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