(0)ENT:255/0:

"A and B", "A or B", "Either A or B, but not Both"

38.	The expression:

-	"A and B" implies the presence of A and B in the same example or embodiment;

-	"A or B" implies the presence of A or the presence of B, or the presence of A and B in the same example or embodiment;

-	"either A or B, but not both" implies the presence of A or the presence of B but not the presence of A and B in the same example or embodiment.

"In General", "Per se", "Specially Adapted for"

39.	The expression "in general" indicates an item of subject matter considered for its characteristics disregarding any application, as defined in paragraph 53(a), below.

Example:

40.	The expression "per se" concerns only an item of subject matter itself as opposed to a combination of which that item is a part. This expression, while not applied to technical subjects of the category referred to in paragraph 53(d), below, is therefore not confined to a particular one of the other categories mentioned in that paragraph.

In group G 01 T 3/08, which covers the measuring of neutron radiation with semiconductor detectors, the reference (semiconductor detectors per se H 01 L 31/00) means that subject matter concerned solely with semiconductor detectors is covered by group H 01 L 31/00 and is classified elsewhere when the subject matter concerns their combination with other elements of devices for measuring neutron radiation.

Examples:

41.	The expression "specially adapted for" means that the subject matter in question has been modified or particularly constructed for the given use or purpose, as defined in paragraph 53(b), below.

A 47 D

FURNITURE SPECIALLY ADAPTED FOR CHILDREN

A 47 H

•

Pleat belts; Hooks specially adapted for pleat belts.

"Or the Like"

Example:

42.	The expression "or the like" is sometimes used to emphasize that the classification place in question is not limited to the specific subject matter as specified by the wording but that it also covers similar subject matter with essentially the same characteristics.

B 63 B

•

Nets, slipways or the like, for recovering aircraft from the water.

SCOPE OF PLACES

43.

The titles of sections, subsections and classes are only broadly indicative of their content and, as a rule, do not define with precision the subject matter falling under the general indication of the title. In general, the section or subsection titles very loosely indicate the broad nature of the scope of the subject matter to be found within the section or subsection, and the class title gives an overall indication of the subject matter covered by its subclasses. By contrast, it is the intention in the Classification that the titles of subclasses, taking into consideration any references or notes associated therewith, precisely define the scope of the subject matter covered thereby. The titles of main groups and subgroups, again subject to any references or notes associated therewith, define the subject matter covered thereby.

Subclasses

44.	The effective scope of a subclass is defined by the following, taken together:

(a)	The subclass title which describes, as precisely as is possible in a small number of words, the main characteristic of a portion of the whole body of knowledge covered by the Classification, this portion being the field of the subclass to which all its groups relate.

(b)

Any references which follow the subclass title or its class title. These references often indicate certain parts of the field described by the title which are covered by other subclasses and are therefore excluded. These parts may constitute a substantial part of the field described by the title and, thus, the references are in some respects as important as the title itself. For example, in subclass A 47 D - FURNITURE SPECIALLY ADAPTED FOR CHILDREN - a considerable part, namely school benches or desks, of the subject matter covered by the title is excluded in view of a reference to particular groups of subclass A 47 B, thus considerably altering the scope of subclass A 47 D.

(c)

Any references which appear in groups or guide headings of a subclass and which refer subject matter to another class or subclass may also affect the scope of the subclass in question. For example, in subclass B 43 K - IMPLEMENTS FOR WRITING OR DRAWING - writing points for indicating or recording apparatus are referred out of group 1/00 to group 15/16 of subclass G 01 D, thereby reducing the scope of the subject matter covered by the title of subclass B 43 K.

(d)	Any notes or definitions appearing under the subclass title or its class, subsection or section title. Such notes or definitions may define terms or expressions used in the title, or elsewhere, or clarify the relation between the subclass and other places.

Examples:

(i)	The Notes following the title of the subsection "ENGINES OR PUMPS", embracing classes F 01 to F 04, which notes define the terms or expressions used throughout the subsection.

(ii)	Note (1) following the title of subclass F 01 B, which defines its scope in relation to subclasses F 01 C to F 01 P.

(iii)

The Note following the title of section C which defines groups of elements.

Main Groups

Attention is drawn to the fact that guide headings are intended to be only informative and, as a rule, do not modify the scope of the groups covered by them, except where it is otherwise clear from the context. By contrast, references in the guide headings modify the scope of the associated groups.

45.

The scope of a main group is to be interpreted only within the effective scope of its subclass (as indicated above). Subject to this, the effective scope of a main group is determined by its title as modified by any relevant references or notes associated with the main group or with any guide heading covering it. For example, a group for "bearings" in a subclass whose title is limited to a particular apparatus must be read as covering only features of bearings peculiar to that apparatus, e.g., the arrangement of bearings in the apparatus.

Subgroups

Example:

46.	The scope of a subgroup is likewise to be interpreted only within the effective scope of its main group and of any subgroup under which it is indented. Subject to this, the scope of a subgroup is determined by its title as modified by any relevant references or notes associated therewith.

B 64 C

AEROPLANES; HELICOPTERS (air-cushion vehicles B 60 V)

Stabilising surfaces (attaching stabilising surfaces to fuselage 1/26)

•

Fins (specially for wings 5/08)

•

mounted on, or supported by, wings

•

adjustable

•

for retraction against or within fuselage or nacelle.

(a)

Main group 5/00 must be read within the scope of the subclass title, i.e., as "stabilising surfaces of aeroplanes or helicopters". Moreover, the reference following the title of subclass B 64 C - air-cushion vehicles B 60 V - indicates that all subject matter concerning air-cushion vehicles is classified in subclass B 60 V, so that, in relation to main group 5/00 and all its subgroups, stabilising surfaces of air-cushion vehicles are classified in subclass B 60 V. Furthermore, the reference in main group 5/00 - attaching stabilising surfaces to fuselage 1/26 - indicates that all subject matter concerned with attaching stabilising surfaces to fuselages is classified in subgroup 1/26.

(b)

Subgroup 5/06, which is indented under main group 5/00, must be read as "stabilising surfaces in the form of fins". Moreover, the reference following the title of subgroup 5/06 - specially for wings 5/08 - indicates that fins designed specially for wings are classified in subgroup 5/08.

(c)	Similarly, subgroup 5/08, which is of the same one-dot indentation under main group 5/00 as subgroup 5/06, must be read as "stabilising surfaces mounted on, or supported by, wings", and subgroup 5/10 as "adjustable stabilising surfaces".

(d)	Subgroup 5/12 is indented under subgroup 5/10 and must be read within the scope thereof, i.e., as "adjustable stabilising surfaces for retraction against or within fuselage or nacelle."