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OCR transcription for search; preserved printed pages are authoritative

# Chapter 900 Prior Art, Classification, Search

901
Prior Art

901.01
Canceled Matter in U.S. Patent Files

901.02
Abandoned and Forfeited Applications

901.03
Pending Applications

901.04
U.S. Patents

901.05
Foreign Patents

901.05 (a)
Citation Dates

901.05 (b)
Other Significant Data

901.05 (c),
Obtaining Copies

901.05 (đ)
Translation

901.06
Non-Patent Publications

901.06 (a)
Scientific Library

901.06 (b)
Borrowed Publications

901.06 (c)
Alien Property Custodian Publications

901.06 (d)
Abstracts of U.S. Applications

901.07
Arrangement of Art in Examining Divisions

901.08
Borrowing References

901.09
Missing Copies-Replacement

902
Official Publications and Indices of U.S. Patents

902.01
Manual of Classification

902.02
Definitions

902.02 (a)
Search Notes

902.02 (b)
Search Cards

902.03
U.S. Patent Classification Indices

902.03 (a)
Numerical

902.03 (b)
Blue Slip

902.03 (c)
Subclass Lists

902.03 (d)
Count

902.04
Classification Orders and Bulletins

903
Classification

903.01
Statutory Authority

903.02
Basis and Principles of Classification

903.02 (a)
New and Revised Classes

903.02 (b)
Scope of a Class

903.03
Of Foreign Patents

903.04
Stamping Examiners' and Search Room
Copies

903.05
Transfer of U.S. Patents

903.06
Ordering Official Cross-References

903.06 (a)
Discovery of New Cross-References

903.07
Classifying and Cross-Referencing at Allow-
ance or before Issue

903.07 (a)
Cross-References - Keeping Systematic
Notes during Prosecution

903.07 (b)
Issuing in Another Division Without
Transfer

903.08
Applications-Assignment and Transfer

903.08 (a)
New Applications

903.08 (b)
Classification and Assignment to Assist-
ant Examiner

903.08 (c)
Immediate Inspection of Amendments

903.08 (đ)
Transfer Procedure

903.08 (e)
General Regulations Governing Applica-
tion Assignment

903.08(f)
Classification Examiner's Decision

903.08 (g)
Transfer to Another Division after Deci-
sion

904
How to Search

904.01
Analysis of Claims

904.01 (a)
Variant Embodiments within Scope of
Claim

904.01 (b)
Equivalents

904.01 (c)
Analogous Arts

904.01 (d)
Outlining Field of Search

904.02
Selecting Pertinent References

905
Miscellaneous

905.01
Orders for Photoprints

905.02
Orders for Soft Copies

905.03
Orders for Patented and Abandoned Files

905.04
Marking Examiners' Copies

## 901 Prior Art

Extract from Rule 104. (a) On taking up an appli-
cation for examination, the examiner shall make a
thorough study thereof and shall make a thorough
investigation of the available prior art relating to the
subject matter of the invention sought to be patented.

## 901.01 Canceled Matter in U.S. Patent Files

Canceled matter in the application file of a
U.S. patent is not a proper reference.

## 901.02 Abandoned and Forfeited Ap- plications

Rule 108. Abandoned and forfeited applications not
cited. Abandoned and forfeited applications as such
will not be cited as references.

Where a forfeited or abandoned application
is referred to in an issued U.S. patent the dis-
closure of the application is incorporated by
reference into the disclosure of the patent and
is available to the public. See Rule 14(b).

In re Heritage, 1950 C.D. 419; 639 O.G. 638
holds that where a patent refers to and relies
upon the disclosure of a copending abandoned
application, such disclosure is available as a
reference.

It has also been held that where the refer-
ence patent refers to a copending but aban-
doned application which discloses subject mat-
ter in common with the patent, the effective

date of the reference as to the common subject
matter is the filing date of the abandoned ap-
plication. Ex parte Clifford, 49 U.S.P.Q. 152;
Ex parte Peterson, 63 U.S.P.Q. 99; and In re
Switzer et al., 612 O.G. 11.

### 901.03 Pending Applications

U.S. applications which are pending before
the Office are secret and so are not available as
references (Rule 14a) except that claims in one
application may be rejected on the claimed sub-
ject matter of a copending application of the
same inventor (822.01) or assignee (305).

Published abstracts of applications are ref-
erences (901.06(d) ).

## 901.04 U.S. Patents

The following different series of U.S. pat-
ents are being, or in the past have been issued.
The date of patenting given on the face of
each copy is the publication date and is the one
usually cited. The filing date, in most in-
stances also given on the face of the patent, is
ordinarily the effective date as a reference.

X-Series. These are the approximately
10,000 patents issued between 1790 and July 4,
1836. They were not originally numbered, but
have been arbitrarily assigned numbers in the
sequence in which they were issued. The num-
ber should not be cited. When copies are or-
dered, the patentee's name and date of issue
suffice for identification. Copies in stock are
arranged chronologically.

1836 Series. The mechanical, electrical, and
chemical patents issued since 1836 and fre-
quently designated as "utility" patents, are in-
cluded in this series. A citation by number
only is understood to refer to this series. This
series comprises the bulk of all U.S. patents
issued. Some U.S. patents issued in 1861 bear
two numbers but only the larger number should
be cited.

Reissue Series. Reissued patents (1401)
have been given a separate series of numbers,
preceded by "Re." In citing the letters must
be given, e.g., Re 1776. The date that it is
effective as a reference is the effective date of
the original patent application, not the filing
date of the reissue application.

A. I. Series. From 1838 to 1861, patents
covering an inventor's improvement on his own
patented device were given a separate series of
numbers preceded by "A.I." to indicate Addi-
tional Improvement. In citing, the letters
must be given, e.g., A.I. 113. About 300 such
patents were issued.

Plant Patent Series. When the statutes were
amended to provide for patenting certain types

of plants (Chapter 1600) these patents were
given a separate series of numbers. In citing,
the letters "P.P." must be given, e.g., P.P. 13.

Design Patents. Patents for designs (Chap-
ter 1500) are issued under a separate series of
numbers. In citing, the letter "D" must be
given, e.g., D. 140,000.

## 901.05 Foreign Patents

For a comprehensive list of the patent pub-
lications officially issued by foreign govern-
ments and detailed instructions for their use
see "Manual of Foreign Patents" by Belknap
Severance, 161 pages, published 1935 by the
Patent Office Society.

A pamphlet entitled "Guide to the Search
Department of the (British) Patent Office Li-
brary," is published by the British Patent Of-
fice. A copy of this pamphlet is in the Scien-
tific Library. Appendix 1 of this pamphlet
consists of a concordance of British, United
States and German classes.

## 901.05(a) Citation Dates

Source

Citation date

Australia

Complete specification ac- cepted.

Austria

Ausgegeben.

Belgium

Brevet Octroyé or Octrooi Torgekend.

Canada

Issued.

Czechoslovakia

Vydano.

Denmark

Udstedt.

Finland

Julkaistu.

France.

Délivré.

Germany

Ausgegeben.

Germany (East)

Tag der Ausgabe der Pa- tentschrift.

Great Britain

Complete specification pub- lished or complete specifi- cation accepted.

Hungary

Megjelent.

India

Complete specification left.

Ireland

Complete specification ac- cepted.

Italy

Des., Rilasciato or Data di Concessione.

Netherlands

Uitgegeven.

Norway

Offentliggjort.

Philippines

Patented.

Poland

Undesignated date on top right of patent.

Sweden

Publicerat or offentliggjord.

Switzerland.

Publié or Veröffentlicht or Pubblicato.

The dates indicated in the table are custom-
arily used in the identification of foreign pat-
ents which are cited as references. These dates

(
1

( )

are not in all cases the effective dates of the
references, either as printed publications or as
patents and when the dates become critical, it
may be necessary to establish the exact effec-
tive date of the reference.

See 901.05(b).

## 901.05(b) Other Significant Data

Occasionally, the exact date of foreign pat-
enting becomes material. This is the sealing
date in the case of Australia, Great Britain,
India and Ireland and does not appear on the
printed copies of the patents. If necessary,
this information can be secured from the Sci-
entific Library. For the effective dates of Bel-
gian patents, see the Memorandum of March 2,
1959, which has been reproduced in 41 J.P.O.S.
at page 440. For the effective dates of Italian
patents, see the Memorandum of October 25,
1960 distributed to all Examiners.

German allowed applications have been is-
sued in printed form beginning September 1,
1955. Those printed from this date up to De-
cember 31, 1956, are captioned "Patentan-
meldung." They should be cited as German
printed applications and identified by the name
of the applicant and serial number of the
application; the date of printing is the date
following the words "Bekanntgemacht am."
The applications printed after January 1, 1957,
are captioned "Auslegeschrift" and have an
additional number which is larger than 1,000,-
000; this new number should be used instead
of the original serial number. In addition to
the above, data customarily given in citing for-
eign patents should be used.

Certain British applications had become void
and hence lack a date of acceptance. Neverthe-
less, they were given a number in the patent
series. The date of publication (year only) is
given following the statement "Printed for His
Majesty's Stationery Office," and this should
be cited.

British specifications prior to 1916 have
printed in large heavy type at the head of the
first page of the specification a number and
year, as 1451 A.D. 1912. This, together with
the name, as required by the rules, is always
the proper citation of the patent. The year
given at the head of the specification is either
the year of filing or the year of acceptance, but
in either case it is the official designation of
the patent.

The year printed on the drawing is not al-
ways the year for correct designation of the
patent. Where it is not, the correct year is
shown by a small superior number or expo-
nent placed to the right and above the serial
number of the patent, as-

1910-No. 499 11
1912-No. 19421 18

In instances of this kind the patent should be
cited as No. 499 of 1911 or No. 19421 of 1913.

Some countries issue patents of addition and
they should be identified as such and the num-
ber of the addition patent should be cited.

For citation of the number of pages of draw-
ing and specification, see 707.05(e).

# 901.05(c) Obtaining Copies

Prints of foreign patents classified in arts in
other divisions can be had by an Examiner if
he thinks the patents would be of frequent use
in his own class (905.01).

# 901.05 (d) Translation

A translator in the Scientific Library is
available to assist the Examiner with the spec-
ifications in various languages with which the
Examiner is not familiar. Typed translations
can be had, if necessary, of any material to be
used.

# 901.06 Non-Patent Publications

All printed publications may be used as ref-
erences, the date to be cited being the publica-
tion date. Recognized abbreviations of names
of periodicals may be used in their citation
(707.05 (e)).

There are some publications kept or circu-
lated in every division and each assistant Ex-
aminer should ascertain which are available in
his division and whether or not any of them
is likely to bear on any class assigned to him.

# 901.06(a) Scientific Library

The technical literature, foreign patents and
services supplied by the Scientific Library are
important to the examiner for two primary
reasons. In the first place, they provide ma-
terial which must be known or searched to de-
termine whether claims of applications are di-
rectly anticipated, and therefore unpatentable
under the provisions of 35 U.S.C. 102(a) or
(b). In the second place, in cases in which the
primary search indicates that there is some
novelty as compared to any single reference
in the art, the library handbooks, textbooks,
periodicals, reports and other materials assist
in deciding the question of patentable inven-
tion (35 U.S.C. 103). They enable the ex-
aminer to make a further study to determine
whether the features novel in the particular
combination searched would be obvious to a
person skilled in the art from the general state

of knowledge as reflected in the technical lit-
erature.

# MATERIALS AVAILABLE

## Foreign Patents

The Library receives foreign patent by ex-
change from almost all countries which issue
printed patents. These patents are bound into
book collections which include one set arranged
in numerical order and, for most principal
countries, another set in order of the classifi-
cation used by that country. The date of re-
ceipt of each patent is recorded in a ledger. To
ascertain whether a copy of a foreign patent has
been received inquiry should be made of the
Stack Service Section on Extension 2573.

The Library has a set of officially published
abstracts known as British Abridgments.
These are classified according to broad subjects.

## Foreign Patent Journals

Most foreign countries issue official patent
and trademark journals corresponding to the
Official Gazette. These journals are located
adjacent to the sets of patents of the respec-
tive countries.

## Books

A representative selection of books published
in the United States and Great Britain in the
fields of applied technology is systematically
acquired by the Library. In addition to the
English language books, there is a modest se-
lection from French and German literature,
mostly in the field of chemistry. There are
also collections in the various examining divi-
sions of books and trade catalogs pertinent to
the arts which they examine. The Design
Patent divisions have a great many manufac-
turers' catalogs.

In selecting books and periodicals to be or-
dered, the Librarian and his staff obtain as-
sistance from members of the examining corps,
and suggestions concerning materials to be
obtained are welcomed at any time. A monthly
list of accessions is circulated to all examining
divisions at the beginning of each month and
the books are placed on inspection in the Li-
brary for several weeks thereafter. Duplicate
copies of books on this list, or any other per-
tinent book, may be ordered by examiners for
use in the divisions by addressing a memoran-
dum to the Librarian over the signature of the
Primary Examiner.

The books and trade catalogs procured for
permanent assignment to the examining divi-

sions are recorded in the Library's main catalog,
and copies of these books usually are available
in the Library.

## Technical Periodicals

Over 1,500 technical periodicals are received.
These include publications of many important
scientific and technical societies. The list in-
cludes a number of titles in the design patent
field and in fields of interest to non-examining
divisions of the Office.

Most of the periodicals received by the Li-
brary are circulated to examining divisions.
The Primary Examiners determine the titles
to be sent to them and the method of circu-
lation to be applied within the division. Once
each year the Library sends to each division a
list of all titles currently circulated to the di-
vision with request for suggestions for changes.
This systematic procedure does not preclude
any division from requesting subscriptions for
new titles at any time, and the Library itself
will occasionally add new titles. The Library
is alert to new periodical publications and it
acquires sample copies which it sends to divi-
sions likely to be interested with a request for
review and recommendation.

An important part of the duties of each ex-
aminer involves constant inspection of non-
patent literature pertinent to the class or classes
that he examines. He should fill out a form
PO-253 for each item needed in connection
with search in his arts. All information re-
quired by the order form should be given, in-
cluding the name of the publication, the par-
ticular pages desired, and each class and
subclass in which he desires a copy, and the
order approved by the Primary Examiner.
The order should be sent to the Manuscript
and Lithographic Branch (with the publication
where possible).

## Technical Documents

Almost all unclassified and declassified tech-
nical documents issued by the Atomic Energy
Commission and agencies such as the Office of
Technical Services, Armed Services Technical
Information Agency, National Aeronautics and
Space Administration, and the National Bu-
reau of Standards, are received.

## COMPREHENSIVE REFERENCE WORKS General

Most of the more encyclopedic type books
are in the Reference Room (1895). These in-
clude the Official Gazette; encyclopedias; dic-
tionaries; handbooks, such as Kent's Mechani-
cal Engineers' Handbook, Urquhart's Civil

(

Engineers' Handbook, etc .; bibliographies and
directories, such as Thomas' Register of Amer-
ican Manufacturers, and MacRae's Blue Book.

## Indexes to Periodicals

Among the indexes received are the Engi-
neering Index, Applied Science and Technol-
ogy Index (formerly Industrial Arts Index),
Readers' Guide to Periodical Literature, Agri-
cultural Index, Bibliography of Agriculture
and Index Medicus, the last-named being lo-
cated in Division 43.

## Abstracting Journals, Patent Abstracts

Among the abstracts received are the German
Patents Abstracts, the Derwent Belgian Patents
Report, the Derwent Commonwealth Patents
Report which contains abstracts of Indian,
Australian, and South African patent specifica-
tions, the Derwent Fine Chemicals Patents
Journal, and Russian Patents Abstracts which
provides abstracts in English of Russian patents
and authors' certificates beginning in January
1960.

## Other Abstracting Journals

### 1. U.S. Government Research Reports

This publication of the Office of Technical
Services, Department of Commerce, abstracts
hundreds of the latest technical reports made
by U.S. Government agencies and their con-
tractors in many subject fields. It is espe-
cially important because of the large volume
of original research covered. The arrange-
ment of abstracts under broad subjects facili-
tates current scanning. In making a search of
all documents on a specific subject, the docu-
ments may be identified by telephoning the
Reference Section of the Office of Technical
Services which maintains a complete card cat-
alog of all of its reports under subject, author
and other headings.

### 2. Technical Abstract Bulletin

This semi-monthly service of U.S. Armed
Services Technical Information Agency
(ASTIA) contains abstracts of hundreds
of unclassified technical reports covering work
on Department of Defense research projects.
Any report covered in these abstracts can be
obtained free by the Library. Lists of these
reports, with abstracts, on any technical sub-
ject within the broad scope of Defense De-
partment interests may be obtained by writing
a memorandum to the Chief Patent Office Li-
brarian. Since ASTIA is located in Arlington,
Virginia it is possible to obtain direct refer-
ence service by telephone.

### 3. Nuclear Science Abstracts

This publication of the Atomic Energy Com-
mission provides abstracts of research reports
of the AEC and its contractors, and also of
reports on nuclear science of other government
agencies, universities, and industrial research
organizations, and of translations, patents,
books, and articles in this field appearing in
technical and scientific journals. The Library
receives most of the technical reports discussed
in these abstracts automatically and free of
charge and these are listed in the Atomic
Energy Commission card catalog which is sep-
arate from the main card catalog.

#### 4. Chemical Abstracts

This is the most comprehensive of all sci-
entific abstracting and indexing publications.
It includes not only chemistry but also a great
deal of material in physics, biology, medicine,
engineering, and other sciences related to chem-
istry. It abstracts books, periodicals, serials,
pamphlets, and patents from world literature.
It is arranged by large topics and each semi-
monthly issue contains an author index. There
are also annual indexes by author, subject, pat-
ent number, and chemical composition; a num-
ber of cumulative decennial indexes; and two
special collective patent indexes. Three sets
are available-one in the reference collection;
one in Division 6; and one from 1947 to date
in the Research and Development Office.

#### 5. Science Abstracts

This has been published in England since
1898 and is sponsored by a number of Ameri-
can and British physical and electrical engi-
neering societies. It is in two parts, Section A,
Physics Abstracts, and Section B, Electrical
Engineering Abstracts. The abstracts cover
several hundred English and foreign-language
journals. Each issue has an author index and
there is an annual index by author and subject.
The Electrical Engineering Section includes
mechanical and civil engineering technology
and the Physics Section covers physical chem-
istry, crystallography, geophysics, astronomy,
and a number of subjects related to Physics.

#### 6. Dissertation Abstracts

This monthly publication provides compre-
hensive abstracts of dissertations by recipients
of doctoral degrees from graduate schools co-
operating with University Microfilms, Inc., of
Ann Arbor, Michigan. It is arranged alpha-
betically by author under broad subjects, such
as: agriculture, chemistry, engineering, food

technology, mineralogy, physics, etc. Each is-
sue has an author index.

#### 7. Technical Translations

This is a semi-monthly publication of the
Office of Technical Services which lists or ab-
stracts translated technical literature, includ-
ing patents, and translations in process, and
book reviews of Soviet technical books, avail-
able from the Office of Technical Services, the
Library of Congress, the Special Libraries As-
sociation, cooperating foreign governments,
commercial translators and publishers, univer-
sities, and U.S. government agencies.

#### 8. CIA Consolidated Translation Survey

This is a monthly publication of the Cen-
tral Intelligence Agency listing translations
available or in process from government agen-
cies, private industry, universities, research in-
stitutions, and commercial translation agen-
cies.

# CARD CATALOGS Main Catalog

This card catalog is located in the Reference
Room and lists all materials in the Library, the
Law Library and examining divisions except
patent specifications and Atomic Energy Com-
mission documents. If an examiner finds
that the book he desires is not on the
shelf he may be able to ascertain through
the card catalog that another copy is avail-
able elsewhere in the Office. Examiners some-
times acquire material independently of the
Library, and it is important that any such
material should be sent to the Library's Tech-
nical Processes Branch for cataloging to as-
sure that it may be recorded for the benefit of
the entire office.

The Library of Congress classification
scheme is used in classifying the books, bound
periodicals, and documents other than those of
the Atomic Energy Commission and the books
in the Law Library. A printed outline of this
scheme is kept on one of the reading tables on
the second floor of the book stacks. The ex-
aminer will find it helpful in determining the
general subject area of the field in which he
is interested. Catalog cards are made for the
author, title when distinctive, and subjects.
Bound volumes of periodicals are cataloged,
classified and maintained on the bookshelves,
while those which have not yet been bound are
separately located in alphabetical order. At
the beginning of the main card catalog, there
is a separate card listing of bound periodicals
and foreign patent and trademark journals.

# Catalog of Atomic Energy Commission Documents

This catalog is separate from the main card
catalog and lists unclassified and declassified
AEC documents by series, originating agency,
and subject, each in separate alphabetical ar-
rangement. Some of these cards are for dis-
cussions not published separately but published
as articles in books or in periodicals. Publi-
cation of these cards was terminated on July 1,
1959, but information of this kind from pub-
lications subsequent to that date can be ob-
tained from Nuclear Science Abstracts.

# Underwood Card Digest

This is a card catalog of patent decisions
made by the Commissioner and by the various
courts. Each card contains a digest of the
decision.

# LIBRARY SERVICES Foreign Patent Information

Upon request the Library will procure cop-
ies of patents from Spanish speaking coun-
tries and other countries which issue but do
not print them. Canada did not print its pat-
ents until 1948 and Belgium until 1950. Some
countries, such as Belgium, do not issue printed
patents for a considerable length of time after
the application is open to public inspection. In
all of these cases, the Library will ask that the
date of first opening for public inspection be
provided by the foreign patent office. The
Library will keep the original patent copies
for its files and provide duplicate copies for
retention by examiners. A file of copies pre-
viously acquired in this manner is maintained
in the office of the Librarian and is routinely
checked before any request is made to the for-
eign patent office.

# Technical Documents

When technical reports, such as those pub-
lished by U.S. Government agencies and their
contractors are desired, the Library should be
provided with all necessary identifying data,
including the report number if available. The
Library will obtain printed copies whenever
they are available but it may sometimes be pos-
sible to obtain only a microfilm or microprint
copy.

## Manufacturers' Catalogs and Advertising Circulars

These publications will be obtained by the
Library upon request. The Library does not
obtain duplicate copies and therefore the divi-

sion copy is used to fill photoprint requests.
Many copies of this type of material are re-
ceived and they are sent to the divisions for
recommendations as to retention. They must
be returned to the Technical Processes Branch
of the Library with information as to whether
the division wishes to retain them. If they
are to be retained by the division, they will
be cataloged by the Library and returned; oth-
erwise they may be sent to another division.

The Technical Processes Branch will assist
examiners who wish to build up collections of
catalogs or circulars pertinent to their arts, by
writing for copies to companies listed under
pertinent subject headings in Thomas' Register
of American Manufacturers and Machae's
Bluebook. Thomas' Register gives product
classifications, an alphabetical list of trade
names, brands, etc .; international trade section,
boards of trade, and other commercial organi-
zations, leading trade papers; and volume 4 is
an index providing a product finding guide to
the contents of the first three volumes. Mac-
Rae's Bluebook is a comprehensive listing of
sources of industrial equipment, products and
materials, alphabetically arranged by product
headings. The principal arrangement is by
subject and there is also an index to advertis-
ers. The examiner should be aware of Sweet's
Catalog Service, an annual publication which
consists of six separately bound files of manu-
facturers' catalogs covering architecture, engi-
neering, process industries, mechanical indus-
tries, power plants and product design.

## Loan of Books and Other Publications

### General

All Library materials other than the books
in the main reference collection in the Refer-
ence Room (1895) may be charged out at the
circulation desk. Materials should be kept as
briefly as possible, and ordinarily no longer
than two weeks. Since all library materials
are used for reference purposes, none may be
taken outside of the Commerce Building. Ex-
aminers may use the Commerce Department
Library but may not charge out its books.
Books needed from that Library for official
use should be obtained through the Scientific
Library by means of interlibrary loan as de-
scribed in the following paragraph.

Interlibrary Loans

On request the Circulation and Reference
Section will borrow from other libraries ma-
terials not available in the Scientific Library.
In return for this service, the Library loans
its materials to other libraries in the District
of Columbia so that occasionally an examiner

may find that the item he desires is unavail-
able. These materials which are out on inter-
library loan may be recalled for the examiner
if required for immediate use. To borrow
books from another library is costly in terms
of both time and effort; therefore, it is library
policy not to borrow materials unless strictly
pertinent to official use. Law books cannot be
borrowed by the Library for use by examiners
in connection with law courses.

When a book or periodical is borrowed from
another library, and cited in an office action, a
photocopy of the portion cited should be or-
dered immediately and placed in an appropri-
ate class and subclass. This class and subclass
should be cited in the office letter.

# Reference Services

## General

The staff of the Circulation and Reference
Section will help identify and find materials
needed. The Reference Librarians will assist
in using the card catalog, show how to find
specific factual information and explain the
Library's resources. Specific facts needed may
be requested by telephone, Extension 2500.
The limited staff cannot undertake prior art
searches, but makes searches of foreign patent
journals, upon request, to ascertain facts as to
issuance or sealing of a patent on an identified
foreign patent application.

## Publication Dates of Non-Patent Materials

Requests to ascertain the date of earliest
publication or first distribution to the public
of any publication should be made by memo-
randum to the Chief Librarian who will con-
duct the required correspondence and send a
copy of the reply to the examiner for retention.

# Translations

Requests for Translations

Examiners may consult the Translation Sec-
tion at any time for oral assistance in trans-
lating foreign patents or literature. If it is
determined that a written translation of part
or all of a patent, periodical article, or book
is required, request should be made to the
General Reference Branch over the signature
of the Primary Examiner. Languages trans-
lated include all of the principal European
languages. If translation of other languages,
such as Japanese, is required, the Library will
arrange to have the translation made else-
where.

## Card Index of Available Translations

This index lists all translations which have
been made by the Translation Section of the

# 901.06(b)

Library and a few others gathered from mis-
cellaneous sources. The card file and over
10,000 translations of foreign patents and
trademarks with some periodical articles and
excerpts from books are located in the Trans-
lation Section. Translations, which are avail-
able to examiners and non-Office personnel, are
indexed by country, patent or trademark num-
ber, and patentee or author. A copy of any
translations coming to an examiner from out-
side of the Office should be furnished to the
Translation Section so that it may make a copy
for its files. In this case the source is indi-
cated on the translation so that it will not be
certified as an official translation of the Patent
Office.

All examiners are provided with a pamph-
let, "The Patent Office Scientific Library,"
which gives further details concerning library
services.

# 901.06(b) Borrowed Publications

Whenever it is necessary to borrow reference
material from other libraries including the
main Commerce library, for official use, or to
obtain catalogues, bulletins or other literature,
a letter to this effect is sent to the Librarian,
Scientific Library. (Basis: Circular of Oct. 7,
1922.)

A PHOTOCOPY SHOULD IMMEDI-
ATELY BE ORDERED OF THE POR-
TION OF ANY BORROWED BOOK
WHICH IS CITED IN AN OFFICE AC-
TION. SUCH PHOTOCOPY SHOULD BE
PLACED IN AN APPROPRIATE CLASS
AND SUBCLASS AND SUCH CLASS AND
SUBCLASS MUST BE CITED IN THE
OFFICE LETTER. See 707.05 for citation
data.

As the Examiner currently inspects non-
patent literature pertinent to the class or
classes that he examines, he should fill out a
form PO-250 for each item or part thereof
that is essential in connection with search in
his arts. The publication, the particular pages
desired, each class and subclass in which he
desires a copy and the other information on
the order form should be given and the order
approved by Primary Examiner.

The order should be sent to the Manuscript
and Lithographic Branch with the publication
(where possible).

A reasonable effort should be made to avoid
duplication of disclosures that are patented or
about to be patented. (Basis: Notice of Octo-
ber 31, 1949.)

# 901.06(c) Alien Property Custodian Publications

Applications vested in the Alien Property
Custodian during World War II were pub-
lished in 1943 even though they had not be-
come patents.

Care must be taken not to refer to these pub-
lications as patents; they should be designated
as A.P.C. published applications.

An A.P.C. published application may be
used by the examiner as a basis for rejection
only as a printed publication effective from the
date of publication which is printed on each
copy.

The manner of citing one of these publica-
tions is as follows: A.P.C. Application of

Ser. No.
Published

Before citing any A.P.C. published applica-
tion, and before each subsequent action, the
examiner should verify whether the applica-
tion has become abandoned or patented. If it
has become abandoned, the examiner's action
should state this fact. If it has become pat-
ented the patent is to be cited. The patent
should be substituted for the printed applica-
tion as the basis for the rejection unless the
date of publication is material. (Basis: No-
tice of May 14, 1943.)

The Scientific Library contains a complete
set of A.P.C. published applications arranged
numerically in bound volumes.

## 901.06(d) Abstracts of U.S. Applica- tions

For a period of years, it was possible to
have an abstract of an abandoned application
published, containing a brief description of
the subject matter and a figure of the drawing,
if any. See 711.06 and 711.06 (a).

Additional copies of abstracts may be ob-
tained by a request directed to the Classifica-
tion Group, identifying the desired abstract by
serial number, and date of publication, and by
giving the class and subclass in which the
added copy is to be placed. The forms used
in ordering copies of U.S. patents may be
employed.

The Classification Group has a set of ab-
stracts arranged by serial number for ready
reference when only the serial number is
known. (Basis: Notice of August 10, 1949.)

# 901.07 Arrangement of Art in Examin- ing Divisions

In the examining divisions the U.S. patents
are arranged in shoes bearing appropriate la-

bels, each showing the class, sub-class, and
usually the lowest and highest numbered pat-
ents put in the respective shoe. The patents
should be arranged in numerical order.

Some U.S. copies are marked "Cross Ref-
erence." These are patents which are classified
in other classes or subclasses but which have
disclosures pertinent to the subclasses in which
they are placed as cross references. Cross ref-
erence copies may be filed in the shoes along
with the copies of the original patents to sim-
plify the tasks of searching and filing.

Copies of foreign patents are usually kept in
shoes separate from and immediately following
the U.S. patents and are preferably arranged
numerically without regard to country.

Non-patent publications or photocopies
thereof containing disclosures for particular
subclasses, if numerous, should be filed in shoes
following the foreign patents, otherwise at the
bottom of the last shoe of foreign patents.

## 901.08 Borrowing References

The search files in each examining division
should at all times be complete. Where they
are incomplete, the Examiners using such files
and relying upon their completeness may miss
valuable references. References removed from
the files whether for use in the division or
otherwise should, of course, be promptly re-
turned.

The following is established as the uniform
Office practice in borrowing references (do-
mestic and foreign patents and publications) :

a. References may be borrowed and charged
for a maximum of two days. In all possible
instances, the references should be returned in
less than two days, preferably in a few hours.
It is the responsibility of the chief of the bor-
rowing division to see that all borrowed ref-
erences are returned within the time indicated.

b. The file clerk of each division shall re-
view the charges each morning, select all
charges over two days old and collect the cor-
responding borrowed references. The file
clerk shall report to his chief for appropriate
action any failure to obtain overdue references
and any instances where it is necessary repeat-
edly to collect overdue references.

c. In the case of domestic patents, when it
appears that they will be needed for more than
two days, particularly where future use is in-
dicated, soft copies should be ordered, but the
references may be borrowed for immediate use,
if this will facilitate an action. The Patent
Copy Sales Branch should give prompt service
on Examiner's orders for soft copies. (Basis :
Notice of April 6, 1948.)

# 901.09 Missing Copies-Replacement

When the original copy of a reference is
missing from the Examiner's files, a soft copy
should be substituted at once and marked-
"Keep until original is found." When it defi-
nitely appears that the original is lost, the
Classification Group should be notified and re-
quested to supply a mounted copy. When re-
ceived, this is substituted for the soft copy.
If the original copy is subsequently found, the
substitute copy should be removed from the
file and discarded.

# 902 Official Publications and Indices of U.S. Patents

## 902.01 Manual of Classification

The Manual of Classification is published in
loose-leaf form, and supplementary sheets con-
taining changes are issued from time to time
to replace the original sheets.

All manual changes are effected by a series
of Classification Orders each of which is cur-
rently published in the Official Gazette to the
extent necessary to keep the manuals up to
date. As these changes are published, each
Examiner should enter them in his manual,
so that his manual will at all times be com-
plete and up-to-date. As supplementary sheets
are issued, the old sheets should be removed,
and the new sheets substituted therefor.

There are over 300 classes of utility inven-
tions each having a title descriptive of its sub-
ject matter and being identified by one of a
series of class numbers (some numbers of the
series are blank and not presently assigned to
any class). Each class is subdivided into a
number of subclasses with each subclass bear-
ing a title descriptive of its subject matter and
being identified by a subclass number which in
many instances will include decimal fractions.
A complete identification of a subclass requires
both the class and subclass numbers, the class
number appearing first and the subclass num-
ber second, e.g., "103-161" identifies Class 103,
Subclass 161.

The Manual of Classification has the follow-
ing parts:

A Brief Statement on the Use of the Manual.
Classes Arranged by Related Subjects. Tab-
ulation of classes, in which the classes are ar-
ranged in five major subject groups, with the
classes listed under each group by relationship
of subject matter. This tabulation is for the
purpose of assisting the user in finding the
main class pertinent to his search.

Classes Arranged by Examining Division.
Classes Listed Alphabetically by title.

Classes Listed Numerically with titles.

Subclass Schedules. Complete subclass sched-
ules for each class, the utility classes appear-
ing first in numerical sequence of class num-
bers, and then the design classes in numerical
sequence of design class numbers. Design
class alphabetical sequence by class names cor-
responds to numerical sequence. This is not
true of the utility classes.

Alphabetical Index. Words and phrases
(frequently called titles) identifying various
characters of patentable subjects arranged in
alphabetical order, with the citation of a class
or both class and subclass in which subject
matter identified by the title will be found.

## 902.02 Definitions

All of the utility classes (i.e., classes devoted
to technology) except a few unrevised classes
have definitions. None of the design classes
has definitions.

Such definitions state the subject matter that
is found in each defined class and subclass
much more explicitly than it is possible to
state in short class and subclass titles.

Each examining division has a set of defini-
tions and there are several sets in the Pub-
lic Search Room. Additional or replacement
sheets incorporating all changes and additions
are issued from time to time and should be
promptly added to each set of definitions.

## 902.02(a) Search Notes

The definitions have search notes as a part
thereof; namely, notes giving information as
to where subject matter related to the class will
be found (such notes appearing after the class
definition), and also notes as to where subject
matter pertinent to the subclass will be found
(appearing after the subclass definition).
These notes are intended to indicate both the
relationship and the difference between the
separately classified subjects.

Such search notes are not exhaustive and
should be regarded as suggestive of additional
fields of search, but not as limiting the search.

## 902.02(b) Search Cards

In one shoe of each defined subclass in both
the examining division and the Public Search
Room is a "Search Card" having the definition
of the subclass and the search notes if any.

## 902.03 U.S. Patent Classification In- dices

The following indices of U.S. patents are
available and may be used to obtain classifi-
cation data of U.S. patents:

## 902.03 (a) Numerical

A numerical index of domestic patents giv-
ing their present original classification is in
card files in the Public Search Room and in
ledger books in the Service Branch of the
Classification Group.

A numerically arranged punched card index
of both original and officially cross-referenced
domestic patents is on file in the Machine Tab-
ulating Branch of the Administrative Services
Division.

In each of the above, there is a separate in-
dex for each series, X, 1836, AI, Re, PP and D.

## 902.03(b) Blue Slips

The "blue" issue or classification slips (Form
PO-270), starting with patent number 1,987,-
000, RE. 19,228, D 126,796, P.P. 1, and for all
subsequently issued patents, and containing the
original classification and cross-references or-
dered at time of issue are on file in the Service
Branch, Classification Group.

## 902.03 (c) Subclass Lists

Cards representing all U.S. patents, arranged
by class and subclass, are available in punched
card form in the Machine Tabulating Branch
of the Administrative Services Division.

Tabulated lists for each subclass can be ob-
tained, one list for originals and one list for
cross-reference and published abstracts of U.S.
applications.

## 902.03(d) Count

In the Service Branch, Classification Group,
is maintained a subclass "count," giving the
number of U.S. patents originally classified in
each class and subclass, and a corresponding
"count" for cross-referenced U.S. patents.

## 902.04 Classification Orders and Bul- letins

Classification Orders are issued from time to
time giving all changes in the classification
that have been made officially, including every
change to be made in the Manual of Classifica-
tion or in the definition books.

Photolithographed copies are distributed to
all examining divisions for immediate use.

Each order, except for those portions per-
taining to the amendment of existing defini-
tions, is subsequently printed in the Official
Gazette.

These orders are from time to time collected
and issued as a Classification Bulletin. As

(

class schedules and definitions are extensively
amended to take care of developments subse-
quent to original classification, they are repub-
lished in amended form in Classification Bul-
letins.

# 903 Classification

## 903.01 Statutory Authority

The statutory authority for establishing and
maintaining a classification is given in the fol-
lowing statute, which states:

35 U.S.C. 9. Classification of patents. The Com-
missioner may revise and maintain the classification
by subject matter of United States letters patent, and
such other patents and printed publications as may
be necessary or practicable, for the purpose of deter-
mining with readiness and accuracy the novelty of
inventions for which applications for patent are filed.
(Act June 10, 1898, ch. 430, sec. 1, 30 Stat. 440.)

## 903.02 Basis and Principles of Classi- fication

The basis of classification used in the U.S.
Patent Office, the principles followed, and the
reasons why such principles were adopted are
set forth in two pamphlets:

Classification of Patents, 2nd revision
History of Classification

These are available to every Examiner on
request addressed to the Classification Group.
Since the classification is the basic tool of
every Examiner, these pamphlets and the clas-
sification as it at present exists should be
studied carefully.

Unofficial subclasses and digests made by
patent examiners, if made in accordance with
the plan of classification, could be defined and
issued as an official part of the classification.

Relative to all such work, the patent exam-
iners doing the same are directed to consult
the Examiner of Classification having jurisdic-
tion of the class to the end that, when the work
is completed, it can be defined and made offi-
cial. (Basis: Notice of August 22, 1949.)

## 903.02 (a) New and Revised Classes

The establishment of new classes or sub-
classes and the revision of old classes are done
under the supervision of an Examiner of Clas-
sification.

When an old class is to be revised, or a new
class formed, an assistant Examiner who has
been examining applications in the art involved
may be transferred from the examining divi-
sion to a classification division for the reclassi-
fying work.

The Examiner performing the reclassifica-
tion secures a set of patent copies of the pres-
ent classification, by either ordering soft copies
or borrowing the Search Room copies. With
these copies, by study and successive groupings,
he develops an arrangement of the patents
which is satisfactory for searching.

The lines marking the confines of the new or
revised class and its subclasses are determined,
and appropriate definitions drawn, all subject
to the supervision and approval of an Exam-
iner of Classification and to the final approval
by the Commissioner. Then the Examiner's
and the Search Room's copies of the patents
included in the new class are collected, ar-
ranged and stamped conformably to the new
classification. Official cross-references are also
prepared and appropriately stamped.

The patents comprised in the new class are
entered upon the numerical and subclass in-
dices.

Notification of the new class or subclass is
published in the Official Gazette, and Supple-
mentary sheets necessary to correct the loose
leaf Manual of Classification are published.

Definitions of all revised classes and sub-
classes are found in the Classification Bulletins.

## 903.02(b) Scope of a Class

In using any classification system, it is nec-
essary to analyze the organization of the class
or classes to be included in the search.

The initial analysis should determine which
one or ones of the several types of subject mat-
ter (manufacture, art, apparatus or starting
material) are contained in the class being
considered.

Further, relative to each type of subject mat-
ter, it is necessary to consider each of the
various combinations and subcombinations set
out below :

Feature Combined with Basic Subject Mat-
ter for Some Added Purpose. The added pur-
pose is in excess of the scope of the subject
matter for the class, as defined in the class defi-
nition, e.g., adding a sifter to a stone crusher
which gives the added function of separating
the crushed stone.

Feature Combined to Perfect the Basic Sub-
ject Matter. Features may be added to the
basic subject matter which do not change the
character thereof, but do perfect it for its in-
tended purpose, e.g., an overload release means
tends to perfect a stone crusher by providing
means to stop it on overload and thus prevent
ruining the machine. However, this perfect-
ing combined feature adds nothing to the basic
character of the machine.

## 903.03

Basic Subject Matter. The combination of
features necessary and essential to the funda-
mental character of the subject matter treated,
e.g., a stone crusher requires a minimum num-
ber of features as essential before it can func-
tion as such.

Subcombinations Specialized to Basic Sub-
ject Matter. Each type of basic subject matter
may have subcombinations specialized to use
therewith, e.g., the crushing element of a stone
crusher.

Subcombinations of General Utility. Each
type of basic subject matter may have sub-
combinations which have utility with other and
different types of subject matter, e.g., the ma-
chine elements of a stone crusher. Subcombi-
nations of this character usually are provided
for in some general class so that the Examiner
should determine in each instance where they
are classified.

# 903.03 Classification of Foreign Pat- ents

In order to maintain the records of foreign
patents in the Examiner's search files accord-
ing to their U.S. classification, the U.S. clas-
sification of all newly received foreign patents
and all changes in classification of foreign pat-
ents which have already been classified is to be
kept current by the use of two forms, Form
PO-528 and Form PO-697.

It is suggested that one person in each di-
vision be delegated the responsibility for in-
suring that Forms PO-528 and PO-697 have
been properly completed and are returned to
the Scientific Library together with foreign
patent copies which have not been classified
and placed in the Examiner's search files. For-
eign patents should be classified within two
weeks of the date of receipt from the Scientific
Library as they constitute an important part
of the prior art and should be made available
for search purposes without delay. Prompt
return of the lists and any unclassified patents
to the Library is therefore important.

# NEWLY RECEIVED FOREIGN PATENTS

Form PO-528 will accompany the copies of
foreign patents sent to the examining divisions
for classification. As received in the division,
the form will bear the division number in col-
umn (1), a list of the patent numbers in col-
umn (2), the date of preparation of the list
in column (9) and the page number of the list
in column (10).

Errors in listing and in matching patent
copies and listed numbers on Form PO-528 as
received by the examining division sometimes
occur. In such instances the following proce-
dure should be observed :

If a patent number appears on the list and
no corresponding patent copy accompanies the
list, enter the words "Not Received" opposite
the erroneous number. If a patent copy ac-
companies the list but the patent number does
not appear thereon, add the patent number to
the list and indicate the disposition of the
patent in the appropriate column of Form
PO-528. Do not alter erroneous numbers ap-
pearing on the list to correspond to those of
patent copies received.

The form is to be employed as follows:

Record the class and the official subclass in
which the patent is to be classified in columns
(3) and (4) opposite the patent number, also
noting this classification on the patent copy.
Should the patent copy be placed in an un-
official subclass, record only the official sub-
class number in column (4) disregarding any
unofficial designation. Enter the unofficial
classification on the patent copy. Should the
patent copy be placed in a digest, enter the
number of the class with which the digest is
associated in column (3) and the number 950
in column (4). Enter the appropriate digest
designation on the patent copy. Retain and
file the copies of the classified patents. Where
the patent copy properly belongs in another
division, enter the number of that division in
column (5) opposite the patent number. When
a patent copy is returned to the Library for

FORM P. O. 528
(REVISED 3-41)

## U. S. DEPARTMENT OF COMMERCE V PATENT OFFICE SCIENTIFIC LIBRARY- FOREIGN PATENT CLASSIFICATION LIST WHEN COMPLETED SEND LIST AND RETURNED PATENTS TO SCIENTIFIC LIBRARY

TO DIVISIONI

COUN- TRY

PATENT

RETAINED IN DIVISION

RETURNED TO LIBRARY

ACTION LIB.

CONTE

PAGE

NUMBER

CLASSIFICATION

REFER TO

LIBRARY RE-ROUTE

FILE AS DUPLI-

TO BE TRANS.

(10)

CLASS

SUBCLASS

MO,

DAY

YEAR

(1)

(2)

(3)

(4)

95YON (SPECIFY)

(6) (CHECK)

CATE (7) (CHECK)

LATED (8) (CHECK)

OR M. T. B.

reference to another specified division, the
number of such division should also be noted
on the patent. Where the patent belongs in
another but unknown division, place a check
mark in column (6) opposite the patent num-
ber. Where the patent is a duplicate of a U.S.
or another foreign patent and the copy is un-
wanted in the division, place a check mark in
column (7) opposite the patent number. En-
ter the word "Title" or "Claim" opposite the
patent number in column (8) when transla-
tion is desired, and return the patent copy to
the Scientific Library with completed Form
PO-528. The present facilities of the Library
limit this service to the translation of either
the title or a claim of the patent. Make only
one entry for each patent number. The re-
maining columns and boxes appearing on the
form are for the use of the Scientific Library
and the Machine Tabulating Branch. Return
the completed list, together with the patent
copies for which entries have been made in
columns (5), (6) or (7), to the Scientific Li-
brary.

# CHANGES IN CLASSIFICATION OF FOREIGN PATENTS

Form PO-697 is ordinarily to be employed
(1) to change the classification of foreign pat-
ents which have once been classified according
to their U.S. classification, (2) to remove from
the files copies of foreign patents which have
once been classified but subsequently identified
as duplicates and (3) to add copies of foreign
patents to the files.

The form is to be employed as follows:

Enter in columns (1) and (2) the country
and patent number (and year, if needed for
identification) of each patent for which an al-
teration in classification has been made. If
desired, the code letters used in the listing oper-
ation may be used to identify the country.

If the patent is being transferred from one
official subclass to another, enter opposite the

patent number the class and subclass in which
the patent is presently classified in columns
(3) and (4) and the new class and subclass in
columns (5) and (6). Change the classifica-
tion on the patent copy and re-file. When
copies of misclassified foreign patents are be-
ing returned to the Library for re-routing to
another division, list the patent number and
country in the appropriate columns, enter the
new division number in the column headed
"Transferred to", place the new division num-
ber on the patent copy, and forward the list
together with the patent copies to the Library.
If the patent is being removed as a duplicate,
enter the present classification in columns (3)
and (4) opposite the patent number and place
a check mark in column (7). Mark the pat-
ent as a duplicate (Dup) and forward to the
Scientific Library together with the form.
When returning substantial numbers of dupli-
cates, it will be helpful if the patent copies are
grouped according to country and listed in
numerical order.

An Examiner should be on the alert to rec-
ognize foreign patents which are exact dupli-
cates of either domestic or foreign patents.
Such foreign duplicates are discarded to min-
imize the number of patents to be inspected
in making searches.

Columns (8) and (9) are to be used when
it is deemed necessary to place a copy of a
foreign patent, known or presumed to be clas-
sified elsewhere, in an official subclass. No
attempt is to be made to determine whether or
not copies of such patents in fact appear in
other subclasses. These columns may be used
to record the classification of additional copies
of foreign patents of the nature of cross-ref-
erences of U.S. patents. Responsibility for
obtaining photocopies of such foreign patents
rests with the examiner. When columns (8)
and (9) are used, Form PO-697 should not be
forwarded until copies of the patents have been
obtained and classified.

FORM PO-697 U.S. DEPARTMENT OF COMMERCE (6-21-61} PATENT OFFICE

DIVISION

FOREIGN PATENT CLASSIFICATION CHANGE NOTICE

DATE

INSTRUCTIONS - Complete this form (1) to change the classification of foreign patents which have once been classified accord-
ing to their U.S. classification, (2) to remove from the files copies of foreign patents which have once been classified but sub-
sequently identified as duplicates, and (3) to add copies of foreign patents to the files. When completed, send this form to the
Scientific Library.

COUNTRY

PATENT NUMBER

NOW CLASSIFIED IN

TRANSFERRED TO

UN- WANT- ED

COPY PLACED IN

CLASS

SUBCLASS'

CLASS

SUBCLASS

CLASS

SUBCLASS

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

When adding copies of foreign patents to
unofficial subclasses and digests, use the same
procedures noted for Form PO-528.

All of the different classification changes
may be listed on the same sheet of Form
PO-697.

## CLASSIFYING FOREIGN PATENTS IN A CLASS IN ANOTHER DIVISION

Some examiners are sufficiently familiar with
arts in divisions other than their own that they
may wish to classify foreign patents in a class
and subclass in another division rather than
return the patent copies to the Library for
re-routing to such other division.

Foreign patents may be classified in another
division provided the proposed classification is
verified by the division having jurisdiction of
the class in which the patent copy is to be
placed.

Note the class and subclass in columns (3)
and (4) of Form PO-528 or columns (5) and
(6) of Form PO-697, depending upon the
source of the patent, and place the patent copy
in the Examiner's search files. Do not indi-
cate the division in which the patent has been
classified on either form.

Time spent in classifying foreign patents is
allowed in computing an Examiner's output.
The method used in classifying foreign patents
and the assignment of such work among the
examiners of the division are left to the Pri-
mary Examiner. The hours spent by each
Examiner on this work are noted on the indi-
vidual examiner's work card (PO-690) under
"Other". (Basis: Notice of September 24,
1940, Notice of August 3, 1960 and Notice of
May 25, 1961.)

## 903.04 Stamping of Examiner's and Search Room Copies

Before each application in issue becomes a
patent, the Issue and Gazette Branch forwards
the issue slip and the printed Examiner's and
Search Room copies of the patent to the Clas-
sification Group for stamping and recording of
the classification of the patent, preparation of
cross-references and transmittal to the Exam-
iner and Search Room on the date of the
patent.

After they are so stamped and recorded, the
photolithographic copies are retained in the re-
spective classes in the divisions and no changes
in the classification or the arrangement of the
copies are permitted except with the approval
of the Classification Group as set out in 903.05.

The classification printed in the heading of
patents issued since 1933 cannot always be re-

lied upon to be the present original classifica-
tion, since this data is obtained from the file
wrapper of the application at time of issue and
will not reflect any changes in classification
made after the issuance of the patent.

## 903.05 Transfer of U.S. Patents

The transfer of official copies of U.S. patents,
either original or cross-reference, from one
class or subclass to another requires the ap-
proval of a Classification Examiner. (Basis:
Notice of February 20, 1918.)

Examiners must submit to the Classification
Group all questions of transfer of patents.

When an Examiner desires to transfer offi-
cial copies of domestic patents to a different
class or subclass, he should have a memoran-
dum list prepared for signature of the Primary
Examiner of the numbers of all patents which
are to be transferred indicating only the class
and subclass into which each is to be placed.
Both originals and properly identified official
cross-references may be included in the same
list and these may involve transfers to or from
any number of different classes or subclasses.
Additional cross-reference copies of any listed
patent may also be requested. This list with
the Examiner's copies of the patents is routed
through any other division involved for its
prompt approval or comment and is forwarded
to the Classification Group.

In those instances where a transfer is ap-
proved by a Classification Examiner, the class
and subclass designations on both the Exam-
iner and Search Room copies of the patents
are changed and the numerical patent index
and subclass lists are altered to agree with the
new classification. When the transfer is not
approved, the copies of the patents will be re-
turned with a notification thereof. (Basis:
Notice of March 9, 1953.)

Unauthorized transfers render the subclasses
in the Public Search Room no longer dupli-
cates of those in the Examiners' rooms, and
also render incorrect the official numerical in-
dex and subclass lists. (Basis: Notice of Feb-
ruary 20, 1918.)

When it becomes necessary in the course of a
transfer to remove copies from the files in the
Public Search Room, a red dummy a little
longer than a patent copy is substituted there-
for, and the identification data of the patents
withdrawn are written thereon. This dummy
is amended if the patents are returned, and
should all be returned the dummy is removed.

The procedure for transferring an entire
class or subclass from one division to another
is given in the Manual of Clerical Operations.

# 903.06 Practice To Be Followed in Ordering Official Cross-Refer- ences

The following three alternatives are avail-
able for obtaining official cross-reference copies
of United States patents.

In many instances, U.S. patents are found
which contain disclosure that the searcher be-
lieves should be cross-referenced. Such patents
should be brought to the attention of the Clas-
sification Group for consideration in any of
the following ways:

a. Call extension 4087, identify the patent
and give the class and subclass to which it is
thought it should be cross-referenced.

b. Send to the Classification Group a list of
patents and relative to each patent, indicate
the class and subclass in which it is thought
each should be cross-referenced.

c. The preferred mode of ordering a cross-
reference where the Examiner has a soft copy
with the pertinent portion marked, is to indi-
cate on the marked soft copy the class and
subclass in which it is thought it should be
cross-referenced. Such soft copy should be
forwarded to the Classification Group where
it will be promptly inspected, the necessary
action taken and the soft copy returned within
two days of its receipt. (Basis: Notice of
April 6, 1948.)

# 903.06(a) Discovery of New Cross- References

In addition to the cross-references officially
designated, valuable references are often to be
found by an inspection by the Examiner of the
Official Gazette each week, as well as by being
alert to disclosures revealed during the search.
Such patents may be placed as soft copies in
the Examiner's files. However, if they con-
tain disclosure properly classifiable in an offi-
cial subclass they should, with the approval of
a Classification Examiner, be given the status
of official cross-references, by copies of the pat-
ents being mounted and placed in the appro-
priate subclasses in both the Examiner's files
and in the Public Search Room in accordance
with the practice enumerated above.

# 903.07 Classifying and Cross-Refer- encing at Allowance or Before Issue

Careful attention should be given by Exam-
iners to the classification of all applications
pending in their respective divisions. It is the
duty of each Primary Examiner to personally

review the classification and cross-referencing
made by his assistants of every application
passed for issue and to initial the blue slip
to show that this review has been made. (Ba-
sis: Order 2357 and from Memorandum of
Feb. 18, 1952.)

The initial classification of pending applica-
tions and the drawings thereof will have been
indicated in pencil by the Primary Examiner.
See 903.08 (b).

However, an application, properly classified
at the start of examination, may be improperly
classified when it is ready for allowance. The
claims as allowed should be reviewed, in order
to determine the subject matter covered there-
by. It is the disclosed subject matter covered
by the allowed claims that determines the orig-
inal classification of U.S. patents.

Only the correct official classification should
be left on the file and drawing of each appli-
cation when passed for issue. Unofficial sub-
classes (not established by classification order)
should not be indicated on the file wrapper or
drawing. (Basis: Notice of Mar. 31, 1914.)

The examiner fills out a blue slip (PO-270)
or a salmon slip (PO-328) in the case of de-
signs to indicate the class and subclass in
which the patent should be classified and also
the classes in which it should appear as a cross
reference. Unofficial subclasses should not be
indicated on the blue slip, neither as original
nor as cross-reference. The Examiner attaches
the blue slip to the inside of the left fold of the
file wrapper to be forwarded to the Issue and
Gazette Branch. (Basis: Order 2952, and
Memorandum of May 14, 1952.)

The Examiner also enters the classification
appearing on the issue slip in the space pro-
vided on the front of the file and in the space
provided in the stamping at the left margin of
the drawing. Care should be exercised to see
that all three entries of the classification are
correct and in agreement, particularly after
any alteration of one entry, for otherwise the
patent will be printed with an erroneous clas-
sification or improperly positioned in the Offi-
cial Gazette.

All Examiners are requested to fill in the
class and subclass on the drawings in large
numerals using as much of the space provided
as feasible. In this way the filing of drawings
and subsequent searching by the Issue and
Gazette Branch will be greatly aided. (Basis:
Memorandum of January 5, 1953.)

In the case of oversized patents, where only
a minor portion of the disclosure is pertinent
to the subclass in which a cross reference is to
be placed, the Examiner may indicate on the
Issue Classification Slip that a digest of the
patent should be prepared, thus, 74-340 (di-

903.07 (a)

gest). At about the time the Examiner re-
ceives the hard copy, the Service Branch of the
Classification Group will consult him to ascer-
tain which sheets of the patent should consti-
tute the digest.

The classification of all applications which
have been passed to issue, which would be
changed by any changes, made in the official
classification by classification order, are cor-
rected by the Classification Group to show the
changed classification on the file wrapper, blue
slip and drawing, if any. The Classification
Group notifies the Docket Clerk of the classi-
fication changes so that the Docket and Serial
Register cards may be similarly corrected. Ap-
plications which already have been sent to the
printer will be classified by the Classification
Group at the time the patent issues. (Basis:
Notice of March 31, 1914.)

# 903.07(a) Cross-Referencing-Keep Systematic Notes During Prosecution

Throughout the examination of the case,
systematic notes should be kept as to cross-
references needed either due to claimed or un-
claimed disclosure. The several Examiners
handling related subject matter should be con-
sulted during prosecution (whether they handle
larger unclaimed combinations or claimed or
unclaimed, but disclosed, subcombinations),
and asked if cross-references are needed. If
needed, systematically note the proper class and
subclass. It is to be noted that a cross-refer-
ence MUST be provided for all CLAIMED
disclosure.

All of these should be inserted on the blue
slip at time of issue.

## 903.07(b) Issuing in Another Divi- sion Without Transfer

Where a prospective patent is to be classified
in a division other than the one which is send-
ing the application to issue, the Examiner,
after indicating in blue or black ink on the
blue issue slip the class and subclass number
in which the patent is to appear, designates in
red ink on the blue slip the division to which
the patent is to be sent. For example, the blue
issue slip, in such cases will read :

Class 18, Subclass 51 (Div. 15)

The division passing the case to issue will in-
sert its own number as usual in the space pro-
vided in the lower left hand corner. (When
the patent issues, the Classification Division
will, as a matter of routine, send the necessary
notices to the divisions involved.)

The sending of cases to issue from one divi-
sion and assigning them to classes in another
division is restricted to those situations where
both Examiners concur in the proposed classifi-
cation of the patent, which must be shown by
the concurring Examiner initialing the slip, or
where there has been a ruling by a Classifica-
tion Examiner, who must initial the slip.
(Basis: Notice of March 24, 1937.)

The prints of the drawings, if any, should
be forwarded to said other division so as to be
available therein for interference search pur-
poses. If the allowed cases of the division
passing the case to issue are still being checked
for classification, the prints should not be for-
warded until the proposed classification has
been approved by the Classification Examiner.
Where the nature of the disclosure is such that
it would be desirable that prints of the draw-
ings be also present in the division passing the
case to issue, copies thereof may be ordered for
this purpose. (Basis: Notice of September 8,
1952.)

# 903.08 Applications: Assignment and Transfer

The Primary Examiner of an examining
division to which an application is assigned is
responsible for its examination until such time
as the application is officially transferred to
another division by the Application Branch.

The Primary Examiners have full authority
to accept any application submitted to them
that they believe is properly classifiable in a
class in their division. Only where there is a
difference of opinion amongst Primary Exam-
iners, should cases be submitted to a Classifica-
tion Examiner.

## 903.08(a) New Applications

New applications are assigned to the various
examining divisions in the first instance by the
Application Branch.

Upon receiving an application from the Ap-
plication Branch and before making any entry
on the serial or docket register cards, each
Primary Examiner will forthwith decide
whether it has been properly assigned to his
division.

If the Primary Examiner decides that the
application properly belongs in his division, it
is turned over to the Docket Clerk for process-
ing as a new receipt.

Where new applications assigned to an ex-
amining division by the Application Branch
are accepted by the Primary Examiner, as
evidenced by any entry made on the docket or

serial register cards, the first action thereon
must be given by that division. Once a new
application is accepted, it can not be trans-
ferred until a response to the first action is
received, except cases involved in a class trans-
fer or which are transferred to or from Divi-
sion 70 because of a change in security status.
Other new cases, including those transferred
because of a prospective interference, can be
transferred only after the approval of a Super-
visory Examiner which should be noted (in
pencil) on the file wrapper. (Basis: Notice of
June 20, 1951, and Memorandum of Feb. 17,
1954.)

When a new application is received and in
the Primary Examiner's opinion the applica-
tion does not belong to his division, he will
submit it without any entry made on the docket
or serial register cards, to the Examiner of the
division to which he thinks it belongs.

If the latter agrees to accept the application,
the Examiner to whom the application was
originally sent instructs the clerk of his divi-
sion to effect the transfer of the application to
the other division.

If a new application is thought not to be
properly examinable in the division receiving
the same and the division in which the Primary
Examiner believes it to be properly classifiable
refuses to accept it, it may be promptly and
informally submitted to the Classification
Group for assignment by oral decision prior
to entry. No search for prior art to show clas-
sification need be made. The division to which
the Classification Examiner assigns it will
make the first action thereon. If the search
in connection with the first action develops art
showing proper classification elsewhere, after
the response is received appropriate action to
transfer may be taken. . (Basis: Notice of
June 20, 1951.)

## 903.08(b) Classification and Assign- ment to Assistant Exam- iner

Every application, new or amended and in-
cluding the drawings, if any, when first as-
signed to a division must be classified and as-
signed to an assistant Examiner.

The Primary Examiner assigns them to his
assistants, noting in lead pencil in the upper
left hand corner of the face of the file, the class,
and subclass to which the case pertains, and
also the numeral of the desk or the initials of
the Examiner to whom the case is assigned for
examination. The application file is then
turned over to the clerk.

# 903.08(c) Immediate Inspection of Amendments

Steps to transfer an application should be
taken promptly on receipt of any amendment
thereto which makes the transfer proper, and
in accordance with the transfer procedure of
section 903.08(d).

# 903.08(d) Transfer Procedure

Submission of Applications for Classification
Where the Examiners in different divisions
are in agreement that an application is prop-
erly assignable to one of the divisions but are
in disagreement as to which one should receive
it, the Examiners involved should present their
positions orally to the appropriate Classifica-
tion Examiner for verbal decision. This is
generally termed informal submission.

In all other instances, including those in-
stances where a Classification Examiner feels
that additional evidence is necessary, applica-
tions are submitted for classification as follows :
The Examiner having jurisdiction thereof sub-
mits a memorandum listing the division or di-
visions and the classes therein in which he
believes the case may be classifiable and makes
a search both in his own class and the class to
which he thinks the case should be transferred
and cites the most pertinent art relative to the
question of classification. He should not take
time to write either an analysis of the art or an
argument. He forwards the file, together with
his memorandum, to the Examiner of another
division involved. He also fills out blank Form
PO-319 and has it receipted by such Examiner
and retains the receipted form as a charge.
Each other Examiner involved may similarly
make a search and cite art without taking the
time to write either an art analysis or an
argument. The time involved in making such
searches is not lost, since the cited art may be
of value to the Examiner to whom the case is
assigned. Each Examiner in turn promptly
adds his memorandum to the file and the last
forwards the file and all papers to the Classifi-
cation Group. This practice eliminates the
time consumed in evaluating the art and ex-
pounding reasons for proposed assignments; it
is all that is required by the general rules gov-
erning the assignment of applications for ex-
amination. See particularly items 4 and 10 of
the regulations governing assignment of appli-
cation [908.08(e)]. This is generally termed
formal submission. (Basis: Notice of Nov. 25,
1947.)

903.08(e)

## 903.08(e) General Regulations Gov- erning the Assignment of Applications for Examina- tion

The fact should be borne in mind that the
following regulations are only general guides,
and exceptions frequently arise because of some
unusual condition. The fact should also be kept
in view that the Classification Examiners as
well as the Patent Examiners are confronted
with an already existing classification, made up
of newly revised classes, those revised years
ago and which have somewhat outgrown their
definitions and limits, and still others made a
generation ago and never changed. Also, these
classes are based on different theories and
plans, some on art, some on structure, some on
functions, some on the material worked upon,
and some apparently, on no theory or plan at
all. The Classification Examiners cannot
change this existing condition as each applica-
tion comes up for assignment but must seek to
dovetail the cases into the patchwork and try
to get the applications where they will be best
handled. To do this often violates the Classifi-
cation Examiner's views as to what constitutes
a really proper classification.

1\. The assignment of applications follows, as
far as possible, the rules or principles govern-
ing the classification of patents. (See the bul-
letins: "Plan of Classification" 1900, "The
Classification of Patents," 2nd revision, 1946
and "History of Classification of Patents.")

2\. The most comprehensive claim, that is the
claim to the most extensive combination, gov-
erns, and this is true whether there is only one
such claim and a large number of other claims,
or whether the sets of claims are more evenly
divided. It is regarded as just as vital that one
complex claim be searched and adjudicated by
an Examiner skilled in the art as that of a
group of such claims be so searched and ad-
judicated.

3\. The claims and statement of invention are
generally taken as they read, since any attempt
of a Classification Examiner to go behind the
record and decide the case upon what is deemed
the "real invention" would, it is believed, in-
troduce more errors than such action would
cure. The Classification Examiners cannot
possess the specific knowledge of the state of
the art in all the classes that the Patent Ex-
aminers collectively possess. Further, such
questions are matters of merit for the Exam-
iners to determine and are often open to argu-
ment and are subject for appeal.

4\. The location of the U.S. patents consti-
tuting the prior art is generally controlling

over all else. (Note: Where time permits, ob-
vious misplacements of the patents constituting
the prior art are corrected, but straighten all
lines as the cases come up for assignment would
require the time of several men and would
often involve a reclassification of an entire
class.)

5\. Ordinarily an application cannot be as-
signed to a class which includes one element or
part only of several claimed in combination.
The claim is treated in its entirety. The ques-
tion of aggregation is not reviewed by the
Classification Examiners.

6\. The Examiners of Classification are au-
thorized in all cases, where they evaluate the
facts as warranting it, to assign applications
for examination to the division best able to ex-
amine the same. Since assignment for exam-
ination on this basis will at times be contrary
to classification of patents containing the same
character of claims, the Examiners of Classifi-
cation will indicate the proper classification of
the patent if such claims are allowed.

7\. When an application has been taken up
by an Examiner for action and a requirement
to restrict is found necessary, a part of the
claims being directed to matter classifiable in
the division where the case is being examined,
an action requiring restriction should be made
without seeking a transfer of the case to
another division. The action of the applicant
in response to the requirement for restriction
may result in making a transfer of the applica-
tion unnecessary.

8\. Ordinarily where all the claims of an ap-
plication are for an article made of a specific
composition or alloy with no other characteris-
tic of the article recited, the application will be
assigned to the composition or alloy class.

9\. A class of cases exists in which either no
art or a divided art is found and in which no
rule or principle is involved. (Such cases are
placed where, in the judgment of the Classifica-
tion Examiner they will be best searched and
adjudicated. It is often impossible to so ex-
plain a decision in this class of cases as to
satisfy or in any way aid the Examiners inter-
ested. Indeed the reasons for or against send-
ing such cases one place or another may be so
evenly balanced that no reason of any value can
be given.

10\. An examiner seeking the transfer of a
case should make a search, both of his own
class and the class to which he thinks the case
should be transferred, and the Examiner in
charge of the division exhibit the result of such
search to the Classification Group. This is the
only way to utilize the expert knowledge of the
Examiners involved. (Basis: Notice of April
15, 1919.)

(
:

# 903.08(f) Classification Examiner's Decision

An Examiner in the Classification Group de-
cides the question of the proper classification
of the application, and returns the application
to the division which submitted it enclosing a
statement of the grounds of his decision.

## 903.08(g) Transfer to Another Ex- amining Division After Decision

If the application is to remain in the division
which submitted it for classification, no further
procedure is necessary. If assigned to another
division, the clerk processes the case as de-
scribed in the Manual of Clerical Operations.

### 904 How to Search

Having obtained a thorough understanding
of the subject matter disclosed and claimed in
the application, the Examiner then searches
the prior art as disclosed in patents and other
printed documents. Any such document used
in the rejection of a claim is called a "refer-
ence."

### 904.01 Analysis of Claims

The breadth of claim of the application
should always be carefully noted; that is, the
Examiner should be fully aware of what the
claim does not call for, as well as what it does
require. For, there is always danger of read-
ing into the claim limitations imported from
the specification or drawing.

## 904.01(a) Variant Embodiments Within Scope of Claim

Substantially every claim includes within its
breadth or scope of definition one or more vari-
ant embodiments not disclosed by applicant,
which would anticipate the terms of the defini-
tion. The claim must be so analyzed and
understood that any such variant encountered
during the search will be recognized and
selected.

In each type of subject matter capable of
such treatment (e. g., a machine or other ap-
paratus), the subject matter as defined by the
claim may be sketched in order to clearly
delineate the limitations of the claim. Two or
more sketches, each of which is as divergent
from the particular disclosure as is permitted
by claim recitation, will assist the Examiner in

determining the claim's actual breadth or scope.
However, an applicant will not be required to
submit such sketches of claim structure (In re
Application filed November 16, 1945, 1951
C.D. 1; 646 O.G. 5).

## 904.01(b) Equivalents

Also, all subject matter that is the patentable
equivalent of the subject matter as defined in
the claim, even though specifically different
from the definition in the claim, must be
considered.

## 904.01(c) Analogous Arts

Not only must the art be searched with which
the invention claimed is classifiable, but also all
analogous arts regardless of where classified.

The determination of when arts are analo-
gous is at times difficult. It depends upon the
necessary essential function or utility of the
subject matter covered by the claims, and not
what it is called.

For example, a tea mixer and a concrete
mixer are for the same art, namely, the mixing
art, this being the necessary function of each.
Similarly a brick cutting machine and a biscuit
cutting machine have the same necessary
function.

## 904.01(d) Outlining Field of Search

In outlining a field of search the Examiner
should note every class and subclass that may
have material pertinent to the subject matter as
claimed, or that may in the future properly be
claimed in that case. Every subclass pertinent
to each type of invention claimed should be
listed, from the largest combination through
the various subcombinations to the most ele-
mentary part needed to anticipate any disclo-
sure properly claimable in that case.

The following should be kept in mind: (a)
that a combination reference is necessary to
anticipate a claim drawn to an old or exhausted
combination, (b) that a combination reference
is valuable as a basic reference where elements
thereof may be varied by substituting equiva-
lent elements of a secondary reference, (c) that
a convincing aid to a rejection on the ground
of old combination is the citation of references
showing the subcombinations to have been al-
ready recognized as having practical and more
general utility, (d) that combination claims at
times can be anticipated by combining sepa-
rately classified subcombinational elements
where reasons can be given for holding non-
invention in forming the combination, and (e)
that in the rejection of a claim on the ground

598332 0-61 ---- 11

of aggregation, the citation of references show-
ing the individual utility of the elements may
better prove that the aggregative structure is
no more than the sum of the features shown by
the several elemental patents.

In each action by an Examiner upon an ap-
plication, he makes an initialed endorsement in
ink in the space provided on the left-hand page
of the open file wrapper, stating the classes and
subclasses of domestic and foreign patents, and
the publications in which search for references
was made and also the date of the search.

In subsequent actions, if further search is
made, notation of the additional field covered
is also endorsed and initialed on the file
wrapper.

## 904.02 Selecting Pertinent References

It is a prerequisite to a speedy and just de-
termination of the issues involved in the exam-
ination of an application that a careful and
exhaustive search be made in the first action. It
is not enough that the claims alone be searched,
especially if they be broad in their scope; but
the search should, in so far as possible, cover
the entire claimable subject matter in the case.

It thus results that the Examiner finds refer-
ences that, while not needed for treating the
claims before him, would be useful in forestal-
ling the possible presentation of claims to other
subject matter disclosed by applicant but
shown to be old by these references. To that
end, an Examiner may cite at the beginning of
his letter two groups of references, one under
the heading, "References applied," 707.05(b)
and the other under the heading "References
further showing the state of the art" 707.05 (c).

In selecting the references to be cited the Ex-
aminer should carefully compare the references
with one another and with the applicant's dis-
closure to avoid the citation of an unnecessary
number. The Examiner is not called upon to
cite all the references that may be available,
but only the "best." (Rule 106.) Multiplying
references, any one of which is as good as, but
no better than, the others, adds to the burden
and cost of prosecution, and should therefore
be avoided. However, if doubt exists as to
the inclusion of a reference, it is better to err in
citing too much art rather than too little.

While the best reference should always be the
one used, yet if this is of a date less than one
year prior to the filing date of the application,
a second reference, though inferior but not
thus open to being overcome under Rule 131, if
such reference is found, should be cited and
the claims additionally rejected thereon.

In all references, including non-patent, for-
eign patents and domestic patents, the Exami-

ner should study the specification or descrip-
tion as it relates to every feature in the drawing
which he does not thoroughly understand.

## 905 Miscellaneous

### 905.01 Orders for Photoprints To Be Signed by Primary Examiner

All orders for photoprints (Form 250) sent
to the Document Services Branch from the ex-
amining divisions must be signed by the
Primary Examiner or in his absence by the
Assistant Chief. (Basis: Notice of April 19,
1930.)

### 905.02 Orders for Soft Copies

Soft copies may be ordered on PO-14 by the
Examiner for his use. These orders are filled
by employees of Patent Copy Sales Branch.
No employees other than those assigned to this
Branch have access to the files of printed
copies of patents. In emergency cases, orders
may be taken to the Chief of the Branch whose
approval thereof, if given, will insure immedi-
ate filling of said orders. (Basis: Notice of
February 25, 1927.)

Form PO-14 includes two boxes, one of
which is to be checked by the Examiner if a
xerography copy is wanted in the event that
the supply of patented copies is exhausted.
Making the xerography copy requires several
weeks and the Examiner should not reorder
the copy during this interval. However, if a
copy is needed more promptly, a photoprint on
PO-250 should be ordered.

Because of the cost of printing copies of
patents economy should be exercised in their
use. It is advisable to place in the application
file soft copies of those patents cited from other
classes. This will avoid a duplicate order when
the application as amended is re-examined, or
appealed. However, soft copies of patents
other than those relied on by the Examiner
should be removed from the file before for-
warding an appeal to the Board of Appeals.
No soft copies should be returned to Patent
Copy Sales Branch by Examiners.

### 905.03 Orders for Patented and Aban- doned Files

In the examination of an application it is
sometimes necessary to inspect the application
papers of some previously abandoned applica-
tion or granted patent. This is always true in
the case of a reissue application.

Patented and abandoned files may be ob-
tained in the Record Room and Abandoned

File Room, respectively, by filling out a slip
(PO-125), found there, and leaving this slip
with the clerk in charge. The patented files
are drawn from the shelves and distributed,
the slip being retained by the clerk as a charge.
The patent file should be promptly returned
when the Examiner has finished with it, and
it should not be kept longer than thirty days
without renewing the charge. Where the file
is needed for the purpose of reissue or inter-
ference, this information should be given to
the Record Room upon obtaining the file, and
as soon as these matters have been disposed of,
the file should be returned to the Record Room.

When an interference is declared between a
patent and an application and the interference
is forwarded to the Examiner of Interference,
the clerk in charge of the Record Room should
be informed in order that the charge may be
changed and the location of the file known at
all times. (Basis: Notice of March 19, 1947.)

Examiners may expedite service in obtain-
ing abandoned files in the manner indicated in
711.04(b).

When ordering a patented file from the Rec-
ord Room, the name of the person ordering the
file should appear on the form PO-125. It is
important that the Patent Number be stated
rather than the number of the application
which matured into the patent. An examiner
ordering a patented file should also place his
division number on the form. If the notation
"HOLD" is marked on the form PO-125 the
case will be held at the Record Room and in

the absence of such notation it will be sent to
the division indicated. Examiners may expe-
dite service by requesting the patented file by
telephone and later, at a time indicated by the
clerk in charge, the examiner may appear at
the record room to complete the Form PO-125
and to pick up the file. If the need for the
file is not urgent, examiner time may be saved
by sending a form PO-125, completed in the
manner indicated above, to the Record Room
by regular Office Messenger Service. The file
will be delivered by the same Messenger Serv-
ice to the division indicated on the form or it
will be held at the record room only if so re-
quested on the form.

Patent Copy Sales Branch has charge of the
drawings in patented cases. Canceled sheets,
however, are not retained with the patented
drawings but are filed with the "Abandoned
Files and Drawings."

### 905.04 Marking Examiner's Copies of Patents

When the Examiners' copies of patents are
sent to their respective divisions to be filed, the
assistant Examiners who examined the appli-
cation should mark in ink on the face of the
drawings, or the specifications where there are
no drawings, such features as may be deemed
advantageous in aiding understanding of the
patents in future searches. (Basis: Order
2380.)

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OCR transcription for search; preserved printed pages are authoritative

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