Apparatus or means relating to the type of amusement, recreational, or play activities commonly known as games or
sports (a) in which one or more players or participants use a ball, missile, stream of water, or any other such body which occupies physical space and can be touched and thereby felt by the one or more players or participants (i.e., a tangible body) such that, during play of a game or sport, the ball, missile, or other such tangible body is thrown, rolled, shoved, impelled, propelled, projected, or otherwise put into motion by a nonexplosive force so as to achieve an objective set forth by rules defined for the particular game or sport and (b) wherein the result of playing such a game or sport can be indicated according to rules defined for the particular game or sport;
Devices which are ancillary or appurtenant to the types of games or sports included herein, unless they are provided for elsewhere.
(1) Note. The ball, missile, or other such tangible body is (a) usually initially put into motion by an external force supplied either by a player of the game or sport or by other nonexplosive means (e.g., by a mechanically operated device, etc.) and (b) usually continues in motion under its own inertia (in the absence of intervention or interception by another external force or by a body) after having been put into motion. However, a self-propelled ball, missile, or other such tangible body may be included herein provided it is intended to be used in the play of a game or sport.
(2) Note. In regard to devices or implements for striking, impelling, launching, or, otherwise, projecting a game projectile, the following applies: (a) Any projector device or implement which is combined with any other device, apparatus, or component used for a game or sporting purpose is included herein, (b) a striking type of projector implement which is used for a game or sporting purpose (such as a club, bat, racket, paddle, mallet, stick, etc.) and which is carried by (e.g., handheld) and manually manipulated by a user to strike and thereby project a game projectile such that substantially all of the force used to project the projectile is supplied by the user is, per se, included herein, (c) a throwing or flinging type of implement or device which is used for a game or sporting purpose and which is specifically adapted and intended to be used to both project a game projectile and to catch a game projectile after it has been projected (i.e., a combined projector-catcher device) is, per se, included herein, and (d) any projector device or implement (other than one which is operated by explosive means) which is used for a game or sporting purpose and which is specifically adapted and intended to project a game projectile so that it travels upon a playing surface substantially at all times (i.e., the projectile is in contact with and moving over the playing surface either upon or immediately after projection) is, per se, included herein. Centrifugally or mechanically operated device or implement, per se, for projecting a projectile into the air, which device or implement may be used to project a game projectile is located elsewhere. See References to
Other Classes, below.
(3) Note. Although not generally used during the play of the types of games or sports included herein, devices or implements which are used by a player to practice or train for one of the types of games or sports included herein are provided for in Class 473. Since such practice and training devices or implements are designed to enable a player to improve or perfect his or her physical skills (e.g., motor skills, coordination, etc.) in the playing of any aspect of the game or sport for which it was designed for, they are included in Class 473 on the basis that they are ancillary or appurtenant to the types of games or sports provided for herein.
(4) Note. A ball, marble, die, top, etc. which is intended to be used as a chance device alone or intended to be used as part of a chance device or game apparatus (e.g., a die used as a chance device to generate a random number, letter, etc., a marble used as part of a roulette-wheel apparatus, or a die used to generate a number, letter, etc. during play of a board game apparatus, etc.) is not considered to be a projectile proper for Class 473 and is, therefore, excluded. Likewise, a marble or the like used to operate a "Rube Goldberg'' type of device, which device being used to play a game (for example, used in the play of a board game) is not considered to be a projectile proper for Class 473 and is, therefore, excluded. An object (often a representation of a horse, vehicle, person, etc.) which is propelled during play of a propelled racing game is not considered to be a projectile proper for Class 473 and is, therefore, excluded. LINES WITH OTHER CLASSES
This class is specific under Class 463, Amusement Devices: Games, which, in turn, is specific under Class 472, Amusement Devices.
Class 273, Amusement Devices: Games, is currently being reclassified through a series of stages. Upon completion of this reclassification, Class 273 will be abolished and replaced either by Class 473 or by Class 463, Amusement Devices: Games. Until this reclassification is completed, the portions of Class 273 which are relevant to Class 473 are to be considered an integral part of Class 473. Specifically, subclasses 108+ and 317+ of the Class 273 schedule are to be considered as following in hierarchy after the last occurring subclass in the Class 473 schedule. The rest of the subclasses of the Class 273 schedule are, for the most part, to be considered as following in hierarchy after the last occurring subclass in the Class 463 schedule. Also, since Class 273 has not been completely screened for all patents properly classifiable in present subclasses of Class 473, appropriate subclass(es) in Class 273 should be considered for search purposes until such time that Class 273 is finally abolished.
LINE WITH CLASS 463
The relationship between Class 473 and Class 463 is that Class 463 is the residual class for games, while Class 473 provides only for those specific types of games in which a ball, missile, or other such tangible projectile (other than a simulation or representation thereof) is used during play thereof. Accordingly, if a game (or a game component thereof) which uses a ball, missile, or other such tangible game projectile (other than a simulation or representation thereof) during play thereof is claimed or solely disclosed, then classification is in Class 473, otherwise, classification is in Class 463 or in the appropriate subclasses of Class 273, Amusement Devices: Games, which follow behind the subclasses of Class 463. However, note that Class 463 provides for (a) a game apparatus or means which uses a simulation or representation of a tangible projectile (e.g., a light-ray simulation of a projectile, a computer generated representation of a projectile, etc.), (b) a propelled racing game in which an object (often a representation of a horse, vehicle, person, etc.) is propelled during play thereof, and (c) a chance device, either per se or in combination with a game which does not use a tangible projectile, whether or not a projectile is included therein, and even if it is not a game or subcombination element of a game (these are, for the most part, still located in Class 273). See also (4) Note above for further elaboration of exceptions to what is provided for in Class 473.
LINE WITH CLASS 345
See Class 463, Amusement Devices: Games, References to Other Classes, in the Search Class note to Class 345 for an elaboration of the line between Class 345 and Class 463, the parent class for Class 473. A selectively controlled visual display system combined with a game component of a game provided for in Class 473 (e.g., a golf club, golf ball, tennis court, tennis court net, etc.) or with a practice or training device therefor (e.g., a golf club swing training device, baseball bat swing training device, etc.) is proper for Class 473.
LINE WITH CLASS 434
Class 473 and subclasses 108+ and 317+ of Class 273, Amusement Devices: Games, contain devices which are to be used for practice by, or for perfecting the physical skill of, a person who already knows how to play the game, sport, or the like. Class 434 contains devices which are to be used for instructing an unknowledgeable person in some aspect of the game, sport, or the like. A device which is used both for instruction and for practice or perfection of game skills is originally placed into Class 434 and cross-referenced into the Class 463 group of game classes (i.e., Classes 463, 473, or 273).
LINE WITH CLASS 446 Class 446, Amusement Devices: Toys, for a device known as a toy whose principle purpose is for the amusement or recreation of a child. If the device is used for the amusement or recreation of a child and is also a game component (i.e., used in a competition or contest), then it is placed into the Class 463 group of game classes (i.e., Classes 463, 473, or 273).
REFERENCES TO OTHER CLASSES
SEE OR SEARCH CLASS
2, Apparel,
2+, for protective clothing to be worn by athletes such as a football helmet, a baseball or boxing glove, a knee pad, etc.
42, Firearms, for a projecting device which uses an explosive means to provide the projecting force.
89, Ordnance, for a projecting device which uses an explosive means to provide the projecting force.
102, Ammunition and Explosives,
501+, for an explosively propelled projectile.
116, Signals and Indicators,
222, 225 for a mechanical signal or indicator, per se, which is intended to form part of or to be used with a game device.
124, Mechanical Guns and Projectors, for a mechanically or centrifugally operated projector device or implement, per se, which is used to project a projectile into or through the air as, for example, an archery bow, a slingshot, a baseball pitching machine, a tennis ball throwing machine, a clay pigeon throwing trap, or a fluid pressure, pinch, or centrifugally operated (e.g., a sling, etc.) type of projector device, etc.; and see the (2) Note above. 150, Purses, Wallets, and Protective Covers,
154+, for a protective cover made of flaccid material, especially subclass 163 for a flaccid cover for a racquet.
194, Check-Actuated Control Mechanisms, for a game or chance device involving a recited detail of a coin-controlled mechanism.
200, Electricity: Circuit Makers and Breakers, for an electrical switch, per se, especially
61.1+, for a switch responsive to the action of a game or amusement piece, Digest 2 for a body attached switch, Digest 3 for a coin operated switch, and Digest 23 for a game switch.
206, Special Receptacle or Package,
315.1+, for a container for, or a package for containing, a sport implement, exercise device, or game, especially subclasses 315.9+ for such a container or package for a ball (e.g., for a bowling ball, etc.).
221, Article Dispensing, for an article dispenser, per se, such as might be used for or included as a subcombination of a game or chance device.
235, Registers, for a register, per se, intended for use in a game, particularly
1, for a miscellaneous game counter, subclass 61 for an odds computer, subclass 78 for a game calculator having concentric totalizing disks mounted upon a single axis, subclass 88 for a game calculator having tabular indicia placed upon disks which rotate about their centers, subclass 90 for a cribbage board, subclass 91 for a device for operating a register involving a billiards or pool game device, and subclasses 439+ for a coded record sensor structure (e.g., a bar code reader, etc.).
273, Amusement Devices: Games, 108+, for a surface projectile game, a game component (e.g., a target, etc.) or accessory therefor other than a projectile per se, subclasses 317+ for an aerial projectile game, a game component (e.g., a target, etc.) or accessory therefor other than a projector or projectile per se, subclasses 236+ for a board game, a game piece or board therefor, subclasses 138.1+ for a chance device, whether or not a projectile is included therein, and even if it is not a game or subcombination element of a game, subclasses 292+ for a card or tile game, a card or tile therefor, subclasses 153+ for a puzzle, and subclass 161 for a fortune-telling device. (See Lines With Other Classes and Within This Class, above, for the line with Class 473.)
340, Communications: Electrical,
323, for a game-reporting (e.g., scoreboard, indicator, etc.) electric signaling system per se, subclass 825.19 for communication or control for the handicapped, subclasses 825.3+ for intelligence comparison such as used for authorization, access, identification, credit, etc., and other appropriate subclasses for audible, visual, or tactile communication.
345, Computer Graphics Processing, Operator Interface Processing, and Selective Visual Display Systems, for a
selectively controlled visual display system which may either form part of a game or not be limited to a game. (See Lines With Other Classes and Within This Class, above.)
364, Electrical Computers and Data Processing Systems,
410.1+, for data processing or computation, per se, for the purpose of analyzing, monitoring, or scoring a contest or game, which is not classifiable elsewhere.
377, Electrical Pulse Counters, Pulse Dividers, or Shift Registers: Circuits and Systems,
4, for a counter or register, per se, which is adapted to be controlled to accumulate a total involved in betting on the various possibilities involved in an event or to determine the odds involved in the payoff of the various possibilities and subclass 5 for a counter or register, per se, which is intended to be used with, in, or for a game or sport.
404, Road Structure, Process, or Apparatus, particularly
17+, and 71 for pavement and road structure which may be usable for a game surface.
428, Stock Material or Miscellaneous Articles, for stock material in the form of a single or plural layer web or sheet which may be used in the fabrication of products provided for in Class 473. 434, Education and Demonstration, particularly
11+, for teaching or demonstration of an aspect of an organized armed or unarmed conflict or shooting, subclasses 29+ for a vehicle simulator for instruction or demonstration purposes, subclasses 247+ for a means specifically adapted to teach or instruct a person in some aspect of a game or sport which involves physical activity. (See Lines With Other Classes and Within This Class, above, for the line between Class 434 and the Amusement Devices classes.)
446, Amusement Devices: Toys, for a device known as a toy whose principle purpose is for the amusement or recreation of a child. (See Lines With Other Classes, and Within This Class, above, for the line between Class 446 and the Amusement Device classes.)
463, Amusement Devices: Games, for a game apparatus or means, in general. (See Lines With Other Classes, and Within This Class, above, for the line between Class 463 and Class 473.)
472, Amusement Devices,
92+, (a) for the structure or composition of a playing surface, per se (b) for the structure or composition of a peripheral boundary marking or enclosure, per se, of such a
playing surface, or (c) for the combination of only a playing surface and a peripheral boundary marking or enclosure therefor, all of the above of which are limited to use for an athletic or exhibition event such as, for example, the playing of a game or sport thereon or therein. Also see the Search Notes appended thereto.
602, Surgery: Splint, Brace, or Bandage, for an orthopedic bandage used to treat an injured body portion such as to provide protection, support, or splinting of a strained, sprained, dislocated, deformed, or fractured body portion, particularly
5+, for a brace intended to urge a body portion into a natural or normal orientation, subclasses 20+ for a brace applied to a person's arm, wrist, or hand to treat a bone disorder or the muscles associated therewith, subclasses 23+ for a brace applied to a person's leg, ankle, or foot to treat a bone disorder or the muscles associated therewith, and subclasses 41+ for a bandaging device for treating an injured body portion, even though specially adapted for use in supporting the injured body or body member of a person so as to function in a proper manner during play of a game.