DefinitionThis is the residual class for patents directed to coating implements as defined in Definition, below. For placement of a patent in this class, its claimed disclosure must meet the minimum requirements of the class definition and should not extend beyond the boundaries indicated in Scope Of This Class, and in Lines With Other Classes. Terms followed by an asterisk(*) are defined in the Glossary, and those followed by the symbol # are defined in (10) Note to the definition of subclass 49. Where a defined term has been identified by an * or # symbol in the definition of a subclass, the identification is generally not repeated for the same term in the definition of subclasses indented thereunder. Throughout this publication, where appropriate, the alternative singular or plural forms of a noun have been indicated by the addition of "(s)" immediately following such noun (e.g., "tool(s)" to mean "tool or tools"). DEFINITION This is the residual class for a manually manipulated device for applying or spreading a coating on a work surface by movement of the device relative to the surface and contact therewith, which device includes, or is combined with, either (a) a supply of, or support for, solid coating material, or (b) a tool* and means to supply fluent coating material either to the tool or to the work surface. (1) Note. For the purpose of this class, the term "manually manipulated" is intended to include manipulation of the implement by any part of the human body (such as the hand, foot or head). SCOPE OF THIS CLASS This class is intended to serve as the residual depository for patents for manually held and manually manipulable coating implements which include a coating tool* and means for supplying coating material to the work contacting portion of the tool or to the work adjacent the tool. The tool may be any form of applicator or spreader, or a surface of a piece of solid coating material. A cleaning tool which cannot be structurally distinguished from a coating tool will be considered as a tool appropriate for this class. The coating material may be liquid, flowable plastic, fluent (particulate) solid, solid dispersible or soluble in a liquid vehicle, solid adapted to be pulverized by some means prior to application to a work surface, or a self-sustaining piece of solid material adapted to deposit a layer of itself by rubbing contact with the work surface. No distinction is made between materials which are intended to form a permanent coating (e.g., paint, ink) or a temporary coating (e.g., water, soap, alcohol). The supply-means* may be a reservoir or material retainer in communication with the tool or a conduit for conveying material from a remote source to the tool. Also included in this class is the combination of a supply container and an independent applicator which is intended to be dipped into the container for collecting a quantity of coating material therefrom. In the case of solid coating material intended for coating by rubbing contact, the entire piece of material will be considered the supply and the work contacting portion will be considered the tool. Included in this class, then, are patents for nib type fountain pens, stylos:graphic pens, ball point and felt nib pens, paint rollers with reservoir (tank, conduit or tray), and fountain brushes and mops; also patents for pencils, crayons, lipsticks and the like. A patent for the combination of an art device of this class with an art device of another class will generally be placed in this class (401) unless specifically provided for elsewhere. A patent for a subcombination of an art device of this class will generally be classified with the combination unless provided for elsewhere. For example, the subcombination of a crayon holder will be placed in subclasses 88+. A patent for a holder of general utility, in which the tool is not claimed or merely claimed broadly but is disclosed alternatively as a coating tool of this class or a tool classifiable elsewhere, will be placed in this class (401) as an original and cross-referenced in the class(es) providing for the other disclosed tool(s). CRITERIA FOR PLACEMENT OF DOCUMENTS IN THIS CLASS In determining placement of patents in the schedule the following guide lines will be followed: (1) As between coordinate subclasses providing for specific tools, (a) Where the tool is only claimed generically and (i) only one specific tool is disclosed, original placement will be in the subclass providing for the specific tool; however, (ii) when the disclosure includes several specific tools, original placement will be in the first subclass providing for any one of the specifically disclosed tools with a cross-reference to each subclass providing for another specifically disclosed tool. (b) Where there are both generic claims and claims to a single disclosed species, the species claims will control original placement. (c) Where there are claims to more than one species of tool, patent placement will follow the usual principles of schedule superiority. (2) A patent to a subcombination of an implement of this class will be placed in the subclass providing for the combination except where the subcombination is provided for lower in the schedule or in another class. (3) For purposes of determining whether an implement has diverse tools (subclasses 16+) or plural tools (29+ etc.), the diverse types of tools, as recognized and defined in the subclasses referenced in Subclass References to This Class, below, are as follows: (a) multiple-tip multiple-discharge tool; (b) solid material for rubbing contact (e.g., pencil, chalk, wax); (c) porous tool through which material flow; (d) ball, roller, or endless belt; (e) bifurcate pointed nib; (f) stylus; (g) blade-like, pad-like, or apertured tool; (h) brush, broom or mop; and (i) any tool which differs from any of the above in structure and in mode of transferring material from supply to work. Tool forms grouped together, as above, (e.g., ball, roller, or endless belt) will be considered as of the same type and not diverse. A patent for an implement, comprising plural tool forms of the same type, which does not fall within the definitions of subclasses 29+, 34+, 36, or 37+, will be placed in the first appearing subclass in the schedule providing for any one of said tool forms. A tool that may appear to fit two different type classifications will be considered to be of that type higher in the list above. For example, a roller brush will be considered a roller ((d) above). Hence, an implement including a roller brush as in (d) and a flat brush as in (h) will be considered as comprising diverse tools for subclasses 16+ (i.e., a roller and a brush). See SUBCLASS REFERENCES TO THIS CLASS, below, for a map to the contents of the specific subclasses mentioned herein. |
Lines with other classes and within this class(1) The following classes take precedence over this class (401) for a claimed coating implement with material supply including or combined with a particular feature or limitation, as indicated in the individual notes to the classes in References to Other Classes, below: Class 15, Class 33, Class 47, Class 81, Class 111, Class 132, Class 141, Class 156, Class 184, Class 206, Class 404, Class 425, Class 520, Class 604. (2) A patent to the combination of an implement of this class (401) and a device classifiable in another class will generally be placed in such other class, provided that no more of the impalement structure is claimed than is necessary to establish its relationship with the other art device. The classes where this rule has been applied are: Class 15, Class 24, Class 30, Class 34, Class 40, Class 224, Class 242, Class 279, Class 362. (See the Search Notes below) Other related areas in the Search Notes include: Classes Pertaining to Coating; Locations of Coating Implements with Material Supply; and Classes Pertaining to Subcombinations of, or Accessories for, the Subject Matter of Class 401. Search notes are parenthetically identified as to which of these areas they relate. Also see the Search Notes for further lines between this class (401) and other classes. |
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