This 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
(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.
SEE OR SEARCH THIS CLASS, SUBCLASS:
16+, for an implement having diverse tools (see Criteria For Placement Of Documents In This Class, (3), above)
29+, 34+, 36, 37+, for an implement having plural tools. A patent for an implement, comprising plural tool forms of the same type, which does not fall within the definitions of these subclasses will be placed in the first appearing subclass in the schedule providing for any one of said tool forms. (see Criteria For Placement Of Documents In This Class, (3), above)
28, for multiple-tip multiple-discharge tool (see Criteria For Placement Of Documents In This Class, (3), above)
49, for solid material for rubbing contact (e.g., pencil,
chalk, wax) (see Criteria For Placement Of Documents In This Class, (3), above)
196, for porous tool through which material flows. (see Criteria For Placement Of Documents In This Class, (3), above)
208, for ball, roller, or endless belt (see Criteria For Placement Of Documents In This Class, (3), above)
221, for bifurcate pointed nib (see Criteria For Placement Of Documents In This Class, (3), above) 258, for stylus (see Criteria For Placement Of Documents In This Class, (3), above)
261, blade-like, pad-like, or apertured tool. (see Criteria For Placement Of Documents In This Class, (3), above)
268, brush, broom or mop. (see Criteria For Placement Of Documents In This Class, (3), above)
292, for any tool which differs from any of the above in structure and in mode of transferring material from supply to work (see Criteria For Placement Of Documents In This Class, (3), above)
,
REFERENCES TO OTHER CLASSES
SEE OR SEARCH CLASS
15, Brushing, Scrubbing, and General Cleaning, is the locus of patents to (a) machines designed or adapted for cleaning which includes a tool* and a supply-means*; (b) tools*, with or without supply-means*, which are disclosed as attachments for cleaning or coating machines, see, especially,
104.9, ; (c) coating tools*, per se, which may be disclosed as subcombinations of the subject matter of Class 401, however, a patent to such a tool which includes claimed manipulating means disclosed as also serving as supply-means* (e.g., pen barrel) will be found in Class 401; (d) stationary cleaning devices with material supply-means*, that is, devices which are mounted on a fixed support so as to require manipulation of the work relative to the tool*, see subclass 104.92; (e) tools* which are coated or impregnated with material adapted to be applied to a work surface but not including any additional supply-means*, see subclasses 104.93+; (f) loading means for a coating tool*. See subclasses 257.05+, and especially subclasses 257.07+ wherein the loading means is associated with an inkwell. (Class Pertaining to Coating)
15, Brushing, Scrubbing, and General Cleaning, is the locus of patents to stationary cleaning devices with material
supply; see the reference to
104.92,. Class 15 takes precedence over Class 401 for a claimed coating implement with material supply including or combined with a particular feature or limitation. See the above reference to Class 15 (a-d) (Coating Implements With Material Supply. ) 15, Brushing, Scrubbing, and General Cleaning,
427+, for the combination of a pencil with an eraser. A patent to the combination of an implement of Class 401 and a device classifiable in this class (15) will generally be placed in Class 15 provided no more of the implement structure is claimed than is necessary to establish its relationship with the Class 15 art device. See Lines With Other Classes, (2), above. (Coating Implements With Material Supply. )
15, Brushing, Scrubbing, and General Cleaning, is the locus of patents to coating tools, per se,
104.001+,. (Pertaining To Subcombinations Of/Accessories For, The Subject Matter Of Class 401)
24, Buckles, Buttons, Clasps, etc.,
10+, for the combination of a pencil, or the like, with means to attach it to a garment pocket. A patent to the combination of an implement of Class 401 and a device classifiable in Class 24 will generally be placed in Class 24, provided no more of the implement structure is claimed than is necessary to establish its relationship with the Class 24 art device. See Lines With Other Classes, (2) above. (Coating Implements With Material Supply. )
29, Metal Working,
441.2, is the locus of patents to processes of assembling the ball and seat of a ballpoint pen.
30, Cutlery,
123+, for the combination of a coating implement with a cutter. A patent to the combination of an implement of this class (401) and a device classifiable in Class 30 will generally be placed in Class 30, provided no more of the implement structure is claimed than is necessary to establish its relationship with the Class 30 art device. See Lines With Other Classes, (2), above. (Coating Implements With Material Supply. )
33, Geometrical Instruments, is the locus of patents to line-marking devices (e.g., pen, pencil) combined with means adapted to cooperate with an element upon or adjacent the work surface for guiding movement of the tool*. See 18.1+, and especially subclasses 34+. Class 33 takes precedence over Class 401 for a claimed coating implement with material supply including or combined with a particular feature or limitation. (Coating Implements With Material Supply. )
34, Drying and Gas or Vapor Contact With Solids,
89.1, for the combination of a pen with a blotter. A patent to the combination of an implement of Class 401 and a device classifiable in Class 34 will generally be placed in Class 34, provided no more of the implement structure is claimed than is necessary to establish its relationship with the Class 34 art device. See Lines With Other Classes, (2), above. (Coating Implements With Material Supply. )
40, Card, Picture, or Sign Exhibiting,
334+, for a pen or pencil combined with means for displaying indicia (e.g., calendar). A patent to the combination of an implement of Class 401 and a device classifiable Class 40 will generally be placed in Class 40, provided no more of the implement structure is claimed than is necessary to establish its relationship with the Class 40 art device. See Lines With Other Classes, (2), above. (Coating Implements With Material Supply. )
47, Plant Husbandry, is the locus of patents to applicators claimed or solely disclosed for coating plant surfaces by contact therewith. See, especially,
1.5,. Class 47 takes precedence over Class 401 for a claimed coating implement with material supply including or combined with a particular feature or limitation. (Coating Implements With Material Supply. )
74, Machine Element or Mechanism, is the residual locus of patents to mechanical movements, per se. See
20, 110 under Mechanical Movements for means, other than gearing, for imparting motion to one body, wherein the two motions or an intermediate motion, differ in form, type or degree; subclasses 111+, for means for imparting a step-by-step movement to a unidirectionally driven member; subclasses 640+, for relatively rotatable bodies which impart or receive motion to or from each other; and subclasses 469+, for control lever and linkage systems.
81, Tools,
9.22, is the locus of patents to coating implements with material supply combined with means for perforating the work surface so that the coating material may enter the perforations (e.g., tattooing pen). Class 81 takes precedence over Class 401 for a claimed coating implement with material supply including or combined with a particular feature or limitation. (Coating Implements With Material Supply. ) 101, Printing, is the locus of patents to hand-manipulated implements adapted to apply a coating in the form of characters or designs to a work surface. See especially
114+, 327+ and 335+. (Class Pertaining to Coating)
106, Compositions: Coating or Plastic, is the residual locus of patents to coating compositions and processes for making them. See, especially,
3+, for polishes, and subclasses 31.01+ for marking compositions (e.g., inks in subclasses 31.13+). See, also the class definition of Class 106 for the relation of that class to the other composition classes. (Class Pertaining to Coating)
108, Horizontally Supported Planar Surfaces,
26.2, is the locus of patents to the combination of an inkwell and a desk.
111, Planting, is the locus of patents to implements claimed or solely disclosed for inserting seed, fertilizer or poisons into the ground. See especially,
7.2,. Class 111 takes precedence over Class 401 for a claimed coating implement with material supply including or combined with a particular feature or limitation. (Coating Implements With Material Supply. )
118, Coating Apparatus, is the residual locus of patents to coating apparatus including coating devices which are stationary, that is, devices which are mounted on a fixed support so as to require manipulation of the work relative to the tool*. See especially,
76+, for a coating device which includes a piece of solid material for rubbing contact, and subclasses 264+, for a device which includes a static, saturable or fluid-permeable, solid work-contacting coating element. For the line between Classes 15 and 118 see the class definition of Class 118. (Class pertaining to coating.)
132, Toilet,
286+, is the locus of patents to toilet kits including a coating implement (e.g., lipstick, powder puff) and an additional part or device particularly useful for a toilet function (e.g., comb, mirror); and subclasses 216+ and 320, for cosmetic applicators (e.g., lipstick) so shaped as to aid in applying the cosmetic in a definite form or pattern. Class 132 takes precedence over Class 401 for a claimed coating implement with material supply including or combined with a particular feature or limitation. (Coating Implements With Material Supply. )
134, Cleaning and Liquid Contact With Solids,
6+, is the residual locus of patents to processes of cleaning involving the use of an implement of this class (401).
137, Fluid Handling, is the residual locus of patents to fluid handling means which includes a flow-regulator*. (Pertaining To Subcombinations Of/Accessories For, The Subject Matter Of Class 401)
141, Fluent Material Handling, With Receiver or Receiver Coacting Means,
20.5, is the locus of patents to implements comprising a coating tool and a reservoir in combination with a source of supply and separable therefrom, wherein the source of supply includes force-producing means for moving coating material from the source of supply to the reservoir. (However, where the force-producing means (e.g., pump) is solely in the implement, or entirely absent from the combination, such patents will be found in Class 401, subclasses 118+). Class 141 takes precedence over Class 401 for a claimed coating implement with material supply including or combined with a particular feature or limitation. (Coating Implements With Material Supply. )
141, Fluent Material Handling, With Receiver or Receiver Coacting Means, is the locus of patents to a source of supply combined with filling means adapted to coact with a separable receiver which is an implement of Class 401 (e.g., fountain pen); and see Lines With Other Classes, above, for classes that take precedence of Class 401 for a claimed coating implement with material supply (Pertaining To Subcombinations Of/Accessories For, The Subject Matter Of Class 401)
156, Adhesive Bonding and Miscellaneous Chemical Manufacture, is the locus of patents to coating implements combined with means for pressing the coated layer into engagement with another layer. See especially,
441.5+, for implements of the envelope moistening and sealing type. Class 156 takes precedence over Class 401 for a claimed coating implement with material supply including or combined with a particular feature or limitation. (Coating Implements With Material Supply. )
184, Lubrication, is the locus of patents to implements for lubricating machine parts (e.g., belt, cable or chain) wherein the part to be lubricated is recited in the claim. See, especially
15.1+, and 99. Class 184 takes precedence over Class 401 for a claimed coating implement with material supply including or combined with a particular feature or limitation. (Coating Implements With Material Supply. )
206, Special Receptacle or Package, is the locus of patents to a coating implement combined with a receptacle or packaging means therefor. See especially
214, 229, 316.1+, and 371. However, where the combination is of such a nature that part of the cover material of the package remains with the implement during the coating operation (e.g., as a handle) or where the cover is only nominally claimed, such patent will be found in Class 401. Class 206 takes precedence over Class 401 for a claimed coating implement with material supply including or combined with a particular feature or limitation. (Coating Implements With Material Supply. )
211, Supports: Racks,
69.2+, is the locus of patents to inkwells or inkstands combined with a pen rack. (Pertaining To Subcombinations Of/Accessories For, The Subject Matter Of Class 401)
215, Bottles and Jars, is the locus of patents to bottles and jars which may be disclosed as supply containers for coating material (e.g., inkwell).
220, Receptacles, is the residual locus of patents to containers which may be disclosed as supply containers for coating material.
222, Dispensing, is the residual locus of patents to apparatus for dispensing material. See, especially,
92+, for a dispenser including a nonresilient collapsible wall (e.g., toothpaste tube); subclasses 129+, for a dispensing device including selective or separate feed from plural supply sources or compartments; subclass 146, for a dispenser including means for heating or cooling the material dispensed; subclass 187, for a dispenser from which the material is discharged or fed by means of a wick or absorbent material; subclass 191, for a dispenser combined with a handle adapted for connection with a coating tool; subclasses 206+, for a dispenser including a resilient wall portion which is adapted to be elastically deformed so as to apply a discharging force on the material; subclasses 251+, for a dispenser having force-producing means for discharging material, which is not provided for in preceding subclasses; and subclasses 544+, for a dispenser having a flow-regulator*. (Pertaining To Subcombinations Of/Accessories For, The Subject Matter Of Class 401)
224, Package and Article Carriers, appropriate subclasses for a coating implement combined with means for attachment to the body, hand, or wrist. A patent to the combination of an implement of Class 401 and a device classifiable in Class 224 will generally be placed in Class 224, provided no more of the implement structure is claimed than is necessary to establish its relationship with the Class 224 art device. See Lines With Other Classes, (2), above. (Coating Implements With Material Supply. )
239, Fluid Sprinkling, Spraying, and Diffusing, is the locus of patents to devices which are disclosed as adapted to discharge material in the form of a spray, mist, droplets, or modified stream either to a coating tool or directly to a work surface. (Pertaining To Subcombinations Of/Accessories For, The Subject Matter Of Class 401)
242, Winding, Tensioning, or Guiding, 570+, particularly subclasses 588+ for a randomly oriented coil holder which may include a particularly supported roll of note paper in a nominally defined writing implement, and subclass 905 for a reel with a storage chamber. A patent to the combination of an implement of Class 401 and a device classifiable in Class 242 will generally be placed in Class 242, provided no more of the implement structure is claimed than is necessary to establish its relationship with the Class 242 art device. See Lines With Other Classes, (2), above. (Coating Implements With Material Supply. )
251, Valves and Valve Actuation, is the residual locus for patents to a flow-regulator*, per se. (Pertaining To Subcombinations Of/Accessories For, The Subject Matter Of Class 401)
279, Chucks or Sockets, for the combination of a coating implement (e.g., pencil) and a socket for securing an accessory device (e.g., eraser) thereto; and see, for example,
42, 43, and 43.1+ for such an attachment having resilient jaws. A patent to the combination of an implement of Class 401 and a device classifiable in Class 279 will generally be placed in Class 279, provided no more of the implement structure is claimed than is necessary to establish its relationship with the Class 279 art device. See Lines With Other Classes, (2), above. (Coating Implements With Material Supply. )
285, Pipe Joints or Couplings, is the locus of patents for joints between fluid, wire or cable conducting pipes, tubes or tubular bodies. (Pertaining To Subcombinations Of/Accessories For, The Subject Matter Of Class 401)
346, Recorders, is the locus of patents to coating implements (e.g., pen) disclosed solely for use as attachments for recorder mechanisms. See, especially,
140.1,.
347, Incremental Printing of Symbolic Information, see
1+, for selective printing of symbolic information by ink jet.
362, Illumination,
96, for a coating implement combined with a light. A patent to the combination of an implement of Class 401 and a device classifiable in Class 362 will generally be placed in Class 362, provided no more of the implement structure is claimed than is necessary to establish its relationship with the Class 362 art device. See Lines With Other Classes, (2), above. (Coating Implements With Material Supply. ) 403, Joints or Connections, is the locus of patents for joints of general application. (Pertaining To Subcombinations Of/Accessories For, The Subject Matter Of Class 401)
404, Road Structure, Process, or Apparatus,
94, for a device to affix indicia to the hard surface of a roadway and subclasses 101+, for a device which distributes material on the surface of a road of the earth combined with means to treat said surface of material. A manually manipulated device which merely coats a road surface to provide a visual indicia is classified in Class 401. Class 404 takes precedence over Class 401 for a claimed coating implement with material supply including or combined with a particular feature or limitation. (Coating Implements With Material Supply. )
425, Plastic Article or Earthenware Shaping or Treating: Apparatus, is the locus of patents to coating apparatus for moldable plastic material or earth materials (e.g., clay or mortar) in which the apparatus is capable of shaping the coating in plural dimensions, e.g., coating and controlling the shape of one side edge or imparting a particular cross-sectional shape to the deposited material. See especially
87, and 458. Class 425 takes precedence over Class 401 for a claimed coating implement with material supply including or combined with a particular feature or limitation. (Coating Implements With Material Supply. )
427, Coating Processes, for processes of coating, per se. (Class Pertaining to Coating)
520, Synthetic Resins or Natural Rubbers, appropriate subclasses, particularly Class 523,
161, for a composition containing a synthetic resin and having utility as a ballpoint pen ink composition or to processes of preparing said composition. Class 520 takes precedence over Class 401 for a claimed coating implement with material supply including or combined with a particular feature or limitation. (Coating Implements With Material Supply. )
604, Surgery,
1, 3, 11+, 289+, and 890.1+ for patents to applicators and
depositors solely disclosed as applying medicaments to the human body. Class 604 takes precedence over Class 401 for a claimed coating implement with material supply including or combined with a particular feature or limitation. (Coating Implements With Material Supply. )
GLOSSARY: Terms used in titles and definitions of this class, either repeatedly or in a special or limited sense, are defined below. For economy of space, an asterisk (*) following a term in a definition or note indicates that reference should be had to this glossary for its specific meaning. Certain terms related particularly to implements including solid material for rubbing contact are defined in (10) Note to the definition of subclass 49 and are signalized by the symbol # following the term in a definition or note where it occurs.
APPLICATOR
A coating tool or such a tool combined with a manually manipulable holder.
FEEDER
Means to guide fluent coating material from a reservoir to or through a coating tool or to a work surface.
FLOW-REGULATOR
Means (e.g., valve), including a part which is movable, to open, close, or restrict a passage for coating material or for gas, and thus to control movement of coating material in the implement. A removable closure, however, will not be considered to be a flow-regulator.
MATERIAL
A liquid or solid substance which is intended to be applied to a work surface as a coating.
RESERVOIR
A container or retainer for storing fluent coating material.
SUPPLY-MEANS A reservoir or a feeder for fluent coating material.
TOOL
An instrumentality having a portion which is designed and intended to apply or spread coating material on a work surface by contact therewith. The tool may be spaced from the work surface only by the thickness of material deposited by the tool.