Lines with other classes and within this class
(A) Separately claimed product of manufacture. Class 428,
Stock Material or Miscellaneous Articles, subclasses 544+ provide
for stock material, e.g., of indefinite length, which are all metal
or have adjacent metal components; in particular, subclasses 577+ provide
for metallic blanks and other intermediate articles. (B) The presence, either alone or in combination with metal
deforming, of a recognized treatment of metal provided for in another
existing class and not appearing in a subclass title in this class
(e.g., anodizing, assembling of preforms, casting, cathode-sputtering,
chemical-machining, electron beam, or laser-machining, use of adhesive,
specific heating treatment, melting, welding, etc.). (C) The combination with a recognized treatment provided for
in another existing class and not performed under the conditions,
or with the limitations specifically stated in a subclass definition
in this class (e.g., coating a final product of metal deformation,
cutting solely of a nonmetal, or a nonsystematic cutting of metal). (D) The combination with other treatment(s) not excluded as
such from Class 72, but the combination being directed to the manufacture
of a special product which has been recognized in certain other
existing classes (e.g., bolt- or nut-making, needle- or pin-making,
manufacture of barrier layer devices, etc.). (See RELATIONSHIP TO
OTHER CLASSES PERTAINING TO METAL DEFORMING, below). (E) Deformation of metal wire, as such, and in particular the
formation of certain products therefrom (e.g., hairpins), remains
subject matter for Class 140, Wireworking. (See RELATIONSHIP TO
OTHER CLASSES PERTAINING TO METAL DEFORMING, below). SUMMARY Specific questions involving the above-listed exclusory lines
may be decided by reference to the following sections of this class.
Certain features ancillary to metal deforming are provided for in
this class (e.g., work or product handling, heating or cooling,
descaling, lubrication, automatic control, etc.), but other treatment
elsewhere classified (e.g., assembly, welding) are always a bar
to original placement in Class 72. CRITERIA FOR PLACEMENT OF DOCUMENTS IN THIS CLASS (A) The schedule of Class 72 was developed with strict adherence
to schedule superiority. Original placement of U. S. patents is determined by their
claimed disclosure, with the following exception. Patents granted
prior to 1910 are generally, but not necessarily, placed by claimed
disclosure. The presence of significant unclaimed subject matter
in such an older patent, if of higher schedule superiority than
the claimed invention, may determine its original placement in the higher
subclass, with such cross-referencing downward as appears helpful
and in accordance with established procedure. (B) Cross-referencing, of U. S. patents only, is intended to
account for significant, but unclaimed, disclosure, as well as subordinate,
but distinct, inventions related to basic subject matter of the
class. (C) Foreign patents and nonpatent literature are placed solely
on the basis of "useful disclosure" without strict regard
to schedule superiority or to specific limitations in subclass definitions. (D) "Claimed disclosure" is defined as the
combination of elements recited in the controlling claim of a patent, together
with such features of the recited elements as must be imputed from
the disclosure to render the claimed combination complete and operative
for the functions referred to in the claim. For example, if alternative
dies are disclosed in the specification of a machine, but not identifiably
recited in the claim, the term "die" is construed
broadly for the purpose of original placement. If the claim refers
to a die bore, that die which is disclosed as having a bore will
be read into the claim. Other features of the so-identified die
(e.g., a vent hole) will not be deemed part of the claimed disclosure unless
some reference thereto appears in the claim. (E) "Useful disclosure", for the purpose
of this schedule, may be the total disclosure of a document, or
in the case of multiple disclosures or of a broad combination, it
may be that portion of the total disclosure which, in the opinion
of the classifier, is most significantly related to the basic subject
of Class 72. (F) Examples of Placement of U. S. Patents: (1) A claim to a motor-driven press includes claimed complementary
dies to form a faceted reflector unit from sheet tungsten, with
automatic angular indexing of work between press strokes and automatic
stopping upon completion of 360 degrees of indexing. Original copy is placed in subclass 30.1, cross-references
in subclasses 414 and 422; additional cross-reference in art collection
subclass 700 is desirable. (2) A claim recites the steps of cutting a predetermined length
of steel strip from a coil, mechanically gripping the ends of the
cut blank, heating the central portion thereof, and wrapping the
blank under tension about a contoured forming block. Original copy is placed in subclass 294, cross-referenced
in subclasses 296 and 342.1+. (Additional cross-references
in subclass 339, severing a blank from stock; in subclass 364, process,
temperature modification; and in subclass 372, process using claimed
apparatus; also may be desirable, depending upon apparent novelty
in these details.) (3) A claim recites only a pair of dies with configured faces,
one die having a replaceable face portion to alter a dimension of
the product: Original copy is placed in subclass 473. No upward cross-reference
is necessary because press features such as drive, guides, etc.,
are presumed to be conventional. RELATIONSHIP TO OTHER CLASSES PERTAINING TO METAL DEFORMING,
PER SE The following enumeration and discussion of classes does not
purport to be exhaustive, but includes loci of patents relating
to, per se, metal deforming wholly or in part. (A) CLASSES OF ARTICLE MAKING: A recitation, in a process or apparatus claim, of the article
being made will result in original placement of the patent containing
such claim in the appropriate article-making class, except that
a claim which recites only a step of, or use of an instrumentality
for, performing a single metal-deforming operation will be placed
in this class (72). See References to Other Classes, below, for examples of such
classes (or portions of classes) directed to the manufacture of
particular products. (B) THE CLASS OF WIREWORKING: The class of reference (140, Wireworking) includes patents
for certain wire-deforming operations (e.g., Barbing, Knotting,
Crimping) named in subclass titles of the class. The lines that
existed between Class 140 and other metal-deforming classes will
(e.g., Metal Bearding, Metal Forging, etc.) continue to be observed,
and this class (72) will serve as the repository of patents not
provided for in Class 140. (C) THE CLASSES OF MEASURING AND TESTING: Class 73 includes patents for structures that deform metal
by "stress or strain of material of structure" (see Class
73, subclasses 788+). Class 374 including determining the
thermal response of deformation (Class 374, subclasses 46+),
and resistance to a thermally induced deformation. The question
of patent placement will usually be resolved by the specification"s
disclosing, on one hand, deformation to effective destruction (for
Classes 73 or 374), or, on the other hand, deformation to form a product
(for Class 72). RELATIONSHIP TO COMBINATION CLASSES A patent claim directed to a combination of a metal-deforming
step or apparatus with other treatment or apparatus, not specifically
provided for in Class 72, is excluded from this class and is generally
placeable as noted in the following paragraphs. (A) WITH ASSEMBLING: (1) "Assembling" denotes the juxtaposing
or joining of two or more "preforms" (discrete
objects, as distinguished from material applied as coating, filling,
or added as alloy, etc.). (2) Methods of, and means for, assembling preforms are provided
for in other classes, and residually in Class 29, Metal Working.
More specifically, if a patent claim recites a step of (or apparatus
for) metal deformation which, as disclosed, recognizes or requires
the presence of two or more discrete members, at least one of which is
the subject of the metal-deforming operation, and the deforming
operation results in securing at least two of the members together,
the claim is excluded from Class 72 and must be placed in another
class, such as Class 29. For example, a claim directed to the step
of riveting or staking two metal objects together is proper subject
matter for Class 29, Metal Working, subclasses 428+ (Assembly
and/or Joining). (3) The following two operations are distinguishable from
the above-noted assembling of preforms and are proper subject matter
for Class 72: (a) Method of, or apparatus for, joining spaced portions
of the same workpiece solely by metal deformation (e.g., lock-seaming
a tube). (b) Method of, or apparatus for, extruding a metallic sheath
on a core. (4) References With Other Classes, below, contains citations
to classes that illustrate the location of patented art involving
metal deformation in combination with assembly of plural members. (B) WITH CUTTING (1) Class 72 is the locus for patents directed to the combination
of metal deforming and cutting* (method or apparatus),
provided that the same material is treated, and in a systematic
manner. In other words, the combination of metal deforming and cutting
is proper subject matter for this class, with only two exceptions: (a) Disclosure that cutting and metal deforming are performed
only on different work. For example: (i) Device to forge a metal
part and to punch an attached or associated record card (Class 29).
(ii) Combined plier-type insulation stripper and wire end bender
(Class 7). (iii) Method of embedding a metal core in plastic material, bending
to a desired shape, and trimming off excess plastic (Class 264). (b) Disclosure fails to teach a systematic, i.e., simultaneous
or predetermined, orderly sequential operation of cutter and metal-deforming
means on the same work. For example: (i) Hand punch with a turret
of manually selectable cutting and embossing dies (Class 7). (ii) Punch
press with interchangeable cutting and bending dies or die inserts
(Class 29). (iii) Set of hand tools for severing, incising, and
stamping metal (Class 7). (iv) Wire-crimping pliers with separately
accessible side-cutting dies (Class 7). (v) Press structure having
spaced cutting and forging tool stations; no work feed means (Class
29). (2) In summary, it is further noted that: (a) A patent otherwise barred from Class 72 will not be originally
placed herein because of the inclusion of cutting. (b) Patents to cutting tools or apparatus, per se, are excluded
from Class 72. (c) "Convertible" cutting and metal-deforming
apparatus, i.e., requiring the intervention of an operative to effect
the conversion, is generally excluded from the subject matter of
this class. (d) "Combined" apparatus, in the sense of
mere side-by-side or jointly driven cutting and metal-deforming devices,
independently or alternatively usable at the will of an operative,
is generally excluded. (e) Combinations excluded from Class 72 under the foregoing
discussion are generally placeable in Class 7 or Class 29, as illustrated
in examples under RELATIONSHIP TO COMBINATION CLASSES, With Cutting,
paragraph 1, above. (C) WITH HEAT TREATMENT: (1) "Heat Treatment" refers to the establishment
or maintenance of a given, relatively permanent, physical or chemical
condition in work by heating or cooling it in a prescribed manner. (2) A patent directed to the combination of metal deformation
and heat treatment of work will be placed as follows: (a) In Class 219, Electric Heating, when electric heating (e.g.,
resistance, induction) is involved. (b) In Class 72, when the patent is not otherwise excluded,
when the heat treatment is effected by other than electrical means,
and the heat treatment is: (i.) unspecified (heating or cooling
broadly claimed); (ii) for conditioning work to a suitable temperature
for a metal-deforming operation; (iii) process annealing, i.e., for
relieving stress due to a prior working or preparatory to a following
operation; or (iv) for returning work or product to a desired ambient
or handling temperature. (1)
Note. The term "quenching" is sometimes inaccurately
used to denote mere cooling to a convenient temperature. Such usage
will not bar placement of a patent in Class 72.
(c) In Class 148, Metal Treatment, if there is significant
heat treatment to modify or maintain the internal physical structure (i.e.,
microstructure) or chemical property of metal combined with a metal
deforming operation of Class 72, see References to Other Classes
in the Class 148 definition. Significant heat treatment occurs when
the temperature or heating or cooling rate is provided in a nonworking
related step or when microstructure description is utilized in the
claim to describe the heating or cooling treatment of the metal.
Working at a specified temperature without mention of microstructure
is not significant heat treatment for Class 148. The mere use of
the term "ageing" or "tempering" is
considered significant heat treatment for Class 148. Except for "Work-Hardening" which
is proper in Class 72, the use of the term "hardening" will
be considered significant heat treatment for Class 148. "Quenching" will
be considered significant heat treatment lacking an indication that
it means simply returning to a convenient working temperature (which
belongs in Class 72 as stated above). "Stress-relief-annealing" will
remain in Class 72, if combined with a metal deforming operation.
Working metal in the "superplastic" state or during "dynamic
recrystallization" remains in Class 72 unless a temperature
is provided in the working step. If temperature is provided for
the superplastic working step, classification will go to Class 148.
When combined with metal deforming, "annealing", per
se, goes in Class 72. However, annealing at a specified temperature
goes in Class 148. Merely heating or cooling a metal to a working
temperature is not significant heat treatment for Class 148. The
presence of reactive coating in any step of a metal treating process
goes to Class 148. Combinations of chemical-heat removing (i.e., flame-cutting)
or burning with metal working go to Class 148.
(d) In Class 266, Metallurgical Apparatus, if the apparatus
is for heat-treating solid metal and see the definitions therein
for the line to Class 72.
(D) WITH CLEANING, COATING, OR OTHER TREATMENT:
The following remarks apply both to apparatus and to process
claims.
(1) The combination of metal deforming with cleaning, descaling,
or application of lubricating material to the work material before,
during or after metal deformation is provided for in Class 72.
(2) The combination of metal deforming with exposure of the
work, before or during deformation, to gas, vapor, mist, or modified
atmosphere, is provided for in Class 72. Examples of this combination
are: the deformation or work in an evacuated chamber, or in the
presence of an inert gas, or the spraying or sputtering of material
on work before deformation. For the classification of metal deforming
followed by coating, see Class 29, Metal Working, subclasses 527.1+ and
associated search notes.
(3) The combination of metal deformation with the prior or
simultaneous application of fluent material to an existing workpiece, by
any such technique as casting, coating, or molding, is provided
for in Class 72. The only exception involves electric arc deposition
of metal, which combination is placeable in Class 219, Electric
Heating. Any claimed casting, coating, or molding of material upon
a product subsequent to a final step of metal deforming is proper
subject matter for Class 29 as the residual locus, or for Classes
427 and 264 for specific methods, or Class 118 for apparatus.
(4) The combination of initially making a metallic workpiece
by casting or molding, followed by deformation thereof, is excluded
from this class, and is generally proper subject matter for Class
29, Metal Working. Certain perfecting treatments of cast metal while
in the mold are classifiable in Class 164, Metal Founding. An apparent exception
is the charging of an extrusion container with molten metal; in
this instance, the pouring of molten metal is regarded as a convenient
technique of handling work for later extrusion, rather than a casting
for Class 164, Metal Founding, or a combination involving casting
for Class 29. Subclasses 253.1 of this class (72) provide for this
combination of charging metal into a container and extruding it
therefrom.
(E) WITH BODILY TRANSFERRING OF TOOL TO OR FROM TOOL SUPPORT OR
STORAGE MEANS:
The following remarks apply to either a process or apparatus
claim.
Metal deforming combined with bodily transfer or exchange
of a deforming tool to or from a tool support (i.e., tool driver)
or a storage means is proper for Class 483, Tool Changing, with
the exception of deforming limited to roller couple tools with means
to introduce or remove at least one roller with respect to the couple
which is provided for in Class 72, subclasses 238 and subclasses indented
thereunder.
RELATIONSHIP TO SUBCOMBINATION CLASSES
(A) THE WORK-HANDLING OR PRODUCT-HANDLING CLASSES:
The placement of patents claiming method of, or apparatus
for, the handling of work for, or the product of, a deforming operation
and also claiming the deforming method or means will be in this
class unless the deforming method or means is not recited significantly.
In this connection, a step of deforming (in a method claim)
is considered significant even if it only indicates the type of
deformation, e.g., "rolling", "bending", "spinning".
On the other hand, a claimed step of handling to a named type of
deforming instrumentality, e.g., "rolling mill", "bending
brake", "spinning station", is not deemed
to set forth a significant deforming step and thus is proper for
a handling class. If however, such instrumentality is further identified
in terms of deforming function such as "three-high rolling
mill", "hot metal bending brake", "pattern-controlled spinning
station", such claimed terminology will import a significant
deforming step and warrant placement of a patent in Class 72.
In a claim directed to apparatus, examples of broadly recited
and not significant deforming means, which would permit original
placement of a patent in an appropriate handling class, include "rolling
mill", "working station", "forging
press", and similar terms; however, a significant relationship
of work-handling and deforming means would be proper for class (72),
such as "means to insert the billet into the upper pass
of a three-high rolling mill". The quoted phrases should
be considered as exemplary, not as all-inclusive.
Examples of classes directed to work-handling or product-handling
are listed in References to Other Classes, below.
(B) THE CLASSES RELATING TO TOOL DRIVING:
(1) This class (72) provides for patents claiming means for
driving a tool that is restricted, as disclosed, by its shape or
its tool-face or its composition to its function of deforming metal.
(2) Patents claiming a means for driving a tool which tool
is recited by name only (both in the claim(s) and in the specification),
will be placed in a class appropriate to the power source, transmission,
or the machine as disclosed.
(3) Among the classes directed to such latter driving means
are the following:
(C) CLASSES (OR PORTIONS OF CLASSES) PROVIDING FOR A TOOL OR
TOOLFACE, PER SE:
See References to Other Classes, below for examples of classes
directed to such subject matter.
OTHER CLASS RELATIONSHIPS
(A) CLASSES INCLUDING DEFORMING OF NONMETALS:
(1) Class 72 is the residual locus for the plastic deformation
of metallic work, (a) as simple metal stock or blanks, (b) in combination
with nonmetal, as in the case of metal and paper laminates, or (c)
as unspecified or unidentified material which appears by disclosure
to be metal (e.g., referred to as "ingot", "rail", "axle
blank"). The additional deformation of nonmetallic material (e.g.,
in a laminate or other composite work) will not bar placement of
a patent in this class.
(2) A claimed disclosure of deformation of a nonmetal only
is subject matter for another class. Typical classes are listed
in the References To Other Classes, below.
(B) CLASS 242, WINDING, TENSIONING, OR GUIDING
(1) With respect to winding, Class 72 and Class 242 contain
patents wherein work is disclosed as being held to a mandrel or
core and wound thereon due to interaction of (a) a force rotating
the core and (b) a force restraining the work to movement along
a course substantially tangent to the surface of the core or the
wound product.
Patents disclosing such forces applied to metal and claiming
use of a deflector closely adjacent the core will be placed originally
in Class 72 unless the specification clearly teaches that the metal
is not deformed or stressed beyond its elastic limit.
Patents disclosing such forces applied to metal, wherein the
restraining force is claimed in terms of means, or the use of means,
remote from the core for retarding movement of the work will be
placed originally in Class 72 only if the disclosure positively
teaches deformation or the metal.
(2) With respect to unwinding, a patent wherein metal is unwound
from a coil will be placed in Class 72 only if a claimed disclosure
teaches deformation or stress beyond the elastic limit, as by use
of a deflector* or tensioning means.
(C) CLASSES INCLUDING COMPACTING OF PARTICULATE MATERIAL:
The deformation of compacted particulate metal is not excluded
from Class 72, if the work material is in self-shape-sustaining state.
The Class 72 schedule affords eight basic fields of search,
as follows:
Class 72, subclasses 1-47, and 324 -342.96 for method or apparatus
including: (1) All claimed combinations of metal deforming with
selected extraneous treatments (e.g., descaling, cutting) which
are not, per se, excluded from the class and (2) Metal deforming
with selected perfecting features (e.g., indicator, random control
of stopping), which featured are deemed generally pertinent to any
type of metal deforming.
Class 72, subclasses 48-323, and 343-361 for method or apparatus
involving selected types of metal-deforming instrumentalities (e.g.,
by pressurized fluent medium, by plural relatively movable work-gripping clamps).
(1)
Note. This group includes some newly defined concepts in the
basic subject matter of the class for which there is no presently accepted
terminology. See the Art Term Index in Subclass References to the
Current Class, below, for additional entries to the schedule.
Class 72, subclasses 362-379.6 for residual metal-deforming
processes (e.g., coiling or twisting) including purely manipulative steps
or steps involving apparatus not provided for in preceding subclasses.
Class 72, subclasses 380-416 for essentially complete basic
apparatus of the class type. Recitation of tools or tool faces,
tool-moving or guiding means, and disclosure of specific work treatment
by the tools, is required for original placement in this group.
(1)
Note. A basic flat-platen press or flat-faced power hammer
and anvil is excluded from this group unless the claimed combination specifically
fits a subclass definition (e.g., a simple flat-platen press claimed
only as a bender or straightener for specifically shaped work may
possibly qualify as offset-tool-face apparatus for subclasses 380+; otherwise
it would be found in following group).
Class 72, subclasses 417-461 for apparatus subcombinations,
such as tool drivers or work handling means, of insufficient scope to
constitute complete metal-deforming devices; also, the flat-faced
power hammers and presses noted above.
Class 72, subclasses 462- 482.94 for tools and/or
tool holders.
(1)
Note. Some tools, such as a bridge-type extrusion die, are
classified in preceding groups, as subcombinations peculiar to specific
metal-deforming apparatus.
Class 72, subclass 483, for miscellaneous apparatus or nontool
element not provided for in preceding subclasses.
Class 72, subclasses 700 - 715 for cross-referenced material
relating to six concepts or commonly used terms which have not been
defined for Class 72. For instance, subclasses 700 and 705 relate
to particular kinds of workpieces. For these and other undefined
terms, see the Art Term Index in Subclass References to the Current
Class, below
ART TERM INDEX TO CLASS 72
The index in Subclass References to the Current Class, below,
is provided for convenience in locating certain types of metal-deforming
methods or apparatus according to key words in common usage.
Some keywords (e.g., Rolling) resemble defined Glossary terms,
below, but are here used in their popular or broader (often ambiguous)
sense.
Certain keywords represent subject matter formerly included
in abolished classes but excluded from Class 72. Pertinent classes for
such subject matter are:
Class 100, Press; Class 29, Assembling; Class 228, Welding |
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