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قراءة كتاب The Classification of Patents
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single property of matter. Those of the latter sort require the application of several different acts employing frequently a plurality of forces or taking advantage of several properties of matter. In the former case, classification can be based on what has been called function, in the latter it cannot bep. 8 based on function but can be based on what has been called effect (or product).
Function is closely related to cause. It is an axiom of logic that cause is preferable to effect as a basis of those classifications designed for scientific research. Hence the functional basis is preferred in all cases in which it can be applied. A condenser for the fumes of zinc is much more like a condenser for the fumes of acid or the vapor of water than it is like the art of recovering zinc from its ores, and it employs only one principle, to wit, heat interchange. A water-jacket for cooling the walls of a gas-producer or glass-furnace is much more like a water-jacket for cooling the walls of a limekiln or steam-boiler furnace than it is like the art of gas-making or manufacture of glass articles. In accordance with what are thought to be the correct principles, therefore, the zinc-condenser ought not to be classified as a part of the art of metallurgy, nor the water-jacket as a part of the art of gas-making, merely because these instruments have a use in these arts, but should be included, respectively, in classes based upon the more fundamental utilities effected by them.
Although it is evident that molding a button is more like molding a door-knob than it is like making buttons by the combined operations of sawing, grinding, turning, and drilling, wherefore the molding of buttons should be classified in a general plastic art rather than in a special button-making art, yet the making of buttons by a plurality of different kinds of operations can be placed only in a class based upon the product, to wit, button-making. Since, therefore, the combination of many different operations for the production of a specific article can not be classified on the basis of any single function, it must be classified on the basis of product. Thus by selecting essential function as a basis when possible, and resulting effect when the functional basis is not possible, one may approximate to the correct classification described by Herbert Spencer as follows: "A true classification includes in each class those objects that have more characteristics in common with one another than any of them have with objects excluded from the class."[7]
So it is deemed better to classify in accordance with the function or effect it is known a means must perform or accomplish than in accordance with the object with respect to which an act or acts are directed or in accordance with some effect which may or may not result.
Structure as a basis.—The phrase "structural classification" is frequently made use of. The application of the phrase to processes is manifestly absurd. The Patent Office never had a structural classification except in a limited sense. How could a machine, for example, be classified on structure, leaving out of consideration its function and the effect of its normal operation? In the refinements of subdivisionp. 9 however, it becomes frequently desirable to form minor subdivisions on structural differences. And it may also be that instruments will be presented for classification that are of such general utility as to baffle the efforts of the intellect to attain to the fundamental and necessary function, in which case a structure-defined class may best suit the needs of classification.
As between a classification based upon structure and one based upon utility, the choice has been for the latter, without prejudice, however, to instances that may arise in favor of the former.
The subject of structural classification will be dropped with a quotation from the original pamphlet "Plan of Classification," etc. (p. 5): "A purely 'structural' classification is almost impossible on account of the infinite variety of mechanical combinations, and to attempt it would probably result in utter confusion, for the classes could not be defined, and the classification would be a mere digest of mechanical elements having no community of function."
DIVISION AND ARRANGEMENT.
Having divided the aggregate of things to be classified into a large number of groups on a satisfactory basis, a most useful work will have been accomplished and the purpose of a classification to assemble the things most nearly alike and separate them from other things will have been partially achieved. Unless these numerous groups are arranged in some definite understandable relation to each other, or are placed in definite known positions where they can be found, the mere formation of the groups, on however good a basis, is not a complete classification. Furthermore, unless the position of each group with respect to those other groups that resemble it in whole or in part is made known, he who wishes to find other related matter must seek aimlessly with no assurance that his quest will end until the whole series shall have been investigated. Each classified group is metaphorically a pigeonhole to contain similar material. If the pigeonholes are properly labeled, one can ultimately locate those that contain the matter he is seeking if he knows the name that has been applied to it. If the pigeonholes are arranged in alphabetical order, for example, he may find all related material, provided he knows the name of every related group of material, even though very similar things may bear names as far apart as A and Z. But if all things were so placed that, adjacent and in certain fixed relation to each pigeonhole, other related matter could be found, the resemblances lessening in proportion to the separation, and if the entire area of pigeonholes were divided, and certain areas assigned to certain kinds of things defined in general terms, guessing the location of and desultory search for things that may have different names, but yet be very much alike, would be lessened and all cognate material be bunched. A second vital factor of a system of classification, therefore, is the arrangement of the groups.
Infinitude of possible combinations.—There are now over 1,125,000 United States patents, each presumptively covering a creation of the useful arts that is different from every other. Most of these patents also disclose a plurality of elements or acts. Each of these patented means is potentially an element of a more complex combination that may be patented. When one considers merely the number of forms of energy, the number of known substances and known mechanical elements, and attempts to figure possible combinations and permutations, it becomes apparent that the size of the numbers resulting is incomprehensible. Consider the possibilities of combination also of the enormously varied disclosures of patents. Calculations of the possible combinations and permutations of a small number of objects are familiar. Different combinations of the letters of the alphabet are sufficient to record the sum of human knowledge in many languages. With substantially two octaves of the diatonic scale the world's melodies have been sounded, nor do any doubt that our successors will thrill to airs that we have never heard. "Thirty metals may be combined into 435 binary alloys, 4,060 ternary alloys, 27,405 quaternary alloys" (Jevons). This does not take into consideration differences in proportion that figure so largely in results in the arts of substance-making. The total number of possible alloys of the known metals is incomprehensible. A moment's