Description
Class 83 is the residual locus of patents directed to methodsand machines for penetrating material, without substantial reshapingflow of such material, by means of (1) a solid tool, or fluid current,either of which applies mechanical deforming force to the materialby direct physical contact therewith, the fluid current forcingthe material against a solid tool whose edge defines the line ofcut; (2) a heated solid tool which directly engages the material(to effect penetration thereof by melting, or by transmission ofmechanical energy, or both); or (3) opposed, controlled fluid currents.
(A) Specifically (as well as implicitly) excluded, is a patentto apparatus or process for cutting by the transmission of heatto the work material from a hot gas, such as flame cutting (forthe location of which, see Lines With Other Classes, subsectionA, Relationship to Other Classes Including, per se, Cutting, Severing,or Incising, paragraph 8, Classes related to flame or other heat-cutting).
(B) While a disclosure of the production of a reshaping flow,in the operation of its apparatus or accomplishment of its method,will preclude original placement of a patent in this class, a disclosureof a flow of the material which is inherent in, or purely incidentalto, the act of cutting will not operate as such a bar. The following typesof factual situations illustrate the rule:
(1) A disclosure that the work material flows, due to melting,will not preclude placement herein of the patent so disclosing;but the further teach-that the flow accomplishes a significant ordefinable reshaping of the work beyond that inherent in the penetrationthere-of will bar such placement. Exemplary of such reshaping isthe formation of a rim or bead around a hole coincident with thepenetration which forms the hole.
(2) A patent to a cutting machine or process employing a toolwhich, as disclosed, creates a flow of the material while penetratingthe material only partially (that is, it fails to reach the surfaceopposite the surface of entry) will be excluded from this classonly if there is a teaching from which it can be fairly inferredthat there is no severance of the surface fibres of the work, butrather that the material is compacted, creased, forged or otherwiseplastic worked, thus indicating that the reshaping is not an incidentof a cutting operation. A disclosure that a "cutting" toolpenetrates only partially through tacky, flowable, or green, plasticwork material (such as soft synthetic "plastics",food dough, etc.) will be considered to supply such a teaching,unless (by the same disclosure) the work attains its flowable orsoft condition by the action of the cutting tool (e.g., a hot tool).If such tool is disclosed as softening or plasticizing the work,a patent directed to same would be proper for this class (83).