Rapporteur Summary Item English definitions French definitions ...

weedheightswaistBiotechnology

Dec 11, 2012 (4 years and 8 months ago)

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Rapporteur Summary


Item

English definitions

French
definitions

Removal of non
-
limiting references

Other

Status

Updated proposal in
Annex
9


Not yet requested

Updated table below

Debate on relationship
between A01K 67/00 &
C12N 15/00

(see below)



Rapporteur report

R is grateful
for
the helpful
comments from JP (Annexes 3,5
,7
) and CA (Annex 4
,6
).

In Annex 3,
JP supports the definition proposal in Annex 1, but
does not
support moving the
subject matter of the 2
nd

part of A01K 67/00 (i.e. ‘New bree
ds of animals’)
.

CA
comments
(in Annex 4)
upon
new
informative
references
and

glossary terms for ‘Breeding’.


Relationship between A01K 67/00 and C12M,C12N

CA

agrees

with JP

that ‘New breeds of animals’ should remain in A01K 67/00

and

suggests
the
distinc
tion

between these places could be clarified by refining the definitions and references

to
C12N
, and suggests refining the references
from A01K 67/00 to
C12N as follows:

In vitro

animal cell culture (e.g. oocytes, sperm cells and
embryos

C12N 5/00

Product
ion of new breeds of animals involving mutation or
genetic engineering

C12N 15/00

and refining the informative reference to as:

Apparatus for
in vitro

animal cell culture

C12M 3/00


R accepts the modification of the informative reference to C12M 3/00, th
e issue of the references
is
subject to further discussion from JP

in Annex 5
. Notably,
JP cites the reference in the C12N
definitions back to A01K 67/00:

Examples of places where the subject matter of this class is covered when specially adapted,
used for

a particular purpose, or incorporated in a larger system:

New breeds
of multicellular animals, e.g. transgenic animals, and

processes of obtaining these animals

A01K 67/00


Accordingly,
in Annex 5
JP notes that the intention is that all new breeds of an
imals, irrespective of
their manner of production should be classified in A01K 67/00. In view of the reference in the C12N
definitions, JP further notes that it is not appropriate to ex
clude genetic engineering from the scope
of A01K 67/00,
and
suggest
s
th
at the references from A01K 67/00 to C12N should be informative.
This facilitates classification of the new breed and the genetic engineering aspects in both of the
A01K and C12N subclasses,
to
enable search of the different aspects for efficient searching
.

In Annex 6, CA reasserts their opinion that the reference to C12N 15/00 should be limiting and
proposes a further modification
to the reference to C12N 15/00:

IPC project:

D269


Subclass:

A01K

Date:


11
/5/2012

UK Rapporteur Summary/Report






Genetic engineering processes performed at a cellular level for
obtaining transgenic animals

C1
2N 15/00


In Annex 7, JP

reaffirms their opinion that the reference to C12N 15/00 should be informative, to
allow classification in
both
A01K 67/00 and C12N 15/00 where appropriate. In addition, JP express
concerns about the new wording the suggested limi
ting reference above, which would serve to
exclude relevant subject matter from A01K 67/00.

Conclusion
s

Having considere
d
the views
of

JP and CA
, and in consultation with our in
-
house experts, R finds
JP’s arguments persuasive

and agrees that the reference

in the C12N definitions helps to clarify
that all new breeds of animals are intended to be classified in A01K 67/00, irrespective of the
manner of their production. If the references to C12N were limiting, there would be conflict with the
established
C12N

subclass
definitions and undesirable exclusion of relevant subject matter from
A01K 67/00. This supports the reasoning that the references to C12N should be informative, and
not limiting.
This allows
(as suggested by both CA and JP) multi
-
aspect classific
ation in A01K
67/00 and C12N where appropriate. R therefore recommends the following:

1.

the references in A01K 67/00 to C12N 5/00 and C12N 15/00 should be informative and
removed to the group definitions,

2.

the informative references to C12M 3/00 and C12N 5/00

are refined as follows:

Apparatus for
in vitro

animal cell culture

C12M 3/00

In vitro

animal cell culture (e.g. oocytes, sperm cells and
embryos

C12N 5/00

3.

the wording of the informative reference to C12N 15/00 remains unaltered.

4.

the paragraph of the
sub
class
definition under ‘Relationship between large subject matter
areas’ is
elaborated with the following statement:


A01K provides for new breeds of animals, irrespective of the manner of their production,
including new breeds of multicellular animals, e.
g. transgenic animals. It also provides for
processes of obtaining such new animals.
P
rocesses and methods for genetic engineering
and mutation
per se

are classified in C12N
.


5.

A
paragraph under ‘
S
pecial rules of classification…’ is included in the
subclass

definition as
follows:

“Where genetic engineering or mutation techniques are used to produce new breeds of
animals, multi
-
aspect classification in A01K 67/00 and C12N 15/00 should be applied.”

[ T
his
approach appears to be
supported by the ‘Guidelines for

drafting classification
definitions’ (project D000, Annex 21), which states “This section includes special rules of
classification between subclasses, e.g. multiple classification in

two subclasses
…”

]

R hopes
that these proposals should fully clarify the

relationship between A01K 67/00 and C12N
.

Finally, informative references to F16K, H05C, E04H 17/00 and the original glossary term for
“Breeding” (suggested by CA in Annex 4) are incorporated in an updated definition proposal in
Annex 9.

In view of the ab
ove, an updated proposal for the removal of non
-
limiting references is provided
below.

Jeremy Cowen


Removal of non
-
limiting references

In view of the above, an updated RNLR is provided below, with changes
highlighted
.


P
lace

Ref
erence

Category

Proposed

Action

Comments



to

A01K 1/00

E04

Informative

Delete reference

Reference to class of limited use



F24F

Informative

Remove to group
definition


A01K 1/01

A01K 1/015

Precedence

Retain


A01K 1/08

A63K 3/02

Informative

New reference in
group definition

R pro
poses to include new informative
reference ‘Starting stalls, e.g. for horses
or greyhounds A63K3/02’

A01K 1/10

A01K 15/04

Informative

Remove to group
definition


A01K 3/00

E04H

Informative

Remove to group
definition




H05C

Limiting

Retain and
amend re
ference
to ‘Apparatus
specially
designed for use
in equipment for
enclosing or
guiding living
beings H05C’

Current reference reads ‘Electric circuits
for fences H05C’. Whilst this reference
may not be limiting it is noted that H05C
also covers ‘apparatus s
pecially
designed for use in equipment for
enclosing or guiding living beings’. As
such the reference would appear to be
limiting.

A01K 5/00

A01K 1/10

Precedence

Retain


A01K 5/00

A01K 39/00

Informative

Remove to group
definition

Note: ‘Stock or game’ do
esn’t include
poultry.

A01K 5/015

A23K 1/16

Informative

Remove to group
definition


A01K 7/00

F16K

Informative

Remove to
subclass
definition

Reference appears also in A01K 39/02

A01K 11/00

A01K 35/00

Informative

Remove to
definition

Note: ‘Stock or g
ame’ doesn’t include
poultry.



B25B

Informative

Remove to group
definition and
refine reference to
‘lead
-
sealing
pliers B25B 7/20’

Pliers for sealing classified in B25B 7/20

A01K 13/00

B26B

Informative

Remove to group
definition




A61D

Informative

Re
move to group
definition




B68B 5/04

Limiting

Retain




A01J 7/04

Informative*

Remove to group
definition

*Although current reference is
informative, the
A01J 7/04
title
includes
an example ‘e.g. for cleaning’ which
is

a
special adaptation
. R

suggests a
n
additional reference

in the 13/00 group
definition

‘Milking machine accessories
for cleaning udders or teats A01J 7/04’
under ‘Examples of places...’



A61D 11/00

Special
adaptation

Remove to
‘Examples of
places...’ in 13/00
group definition


A01K 14/0
0

B26B

Informative*

Refine reference
as indicated and
retain as Limiting
reference.

*Although current reference to B26B is
informative, a more relevant reference to
B26B 19/24 is limiting. Refine reference
to ‘Hand
-
held clippers or shavers with a
plurality

of cutting edges, specially
adapted for shearing animals, e.g.
sheep B26B 19/24’

A01K 15/00

A61D 3/00

Informative

Refine reference
as indicated and
remove to group
definition

Relevance of reference to ‘Covering
boxes’ is unclear. The reference
appears r
elevant to the 1
st

title part
(‘Devices for taming animals...’), and


appropriate as an informative reference
in the group definition as ‘Appliances for
supporting or fettering animals for
operative purposes A61D 3/00’

A01K 15/02

A01K 15/04

Precedence

Reta
in


A01K 21/00

A01K 15/00

Informative

Remove to group
definition


A01K 27/00

B65H 75/34

Informative

Remove to group
definition


A01K 31/02

G07C 9/00

Informative

Refine reference
as indicated and
remove to group
definition

Refine reference to ‘Individual

entry or
exit registers G07C9/00’

A01K 31/07

A01K 31/08

Precedence

Retain


A01K 39/01

A01K 39/04

Precedence

Retain


A01K 39/02

A01K 39/04

Precedence

Retain




F16K

Informative

Remove to
subclass
definition

Reference appears also in A01K 7/00

A01K 43/
00

G01N 33/08

Limiting

Retain


A01K 43/08

B07C 5/16

Informative

Remove to group
definition


A01K 55/00

A24F

Informative

Delete reference

Reference appears irrelevant to
Apiculture unclear


suggest deletion.

A01K 61/00

A01K 80/00

Informative

Remove to g
roup
definition


A01K 63/00

A01K 97/20

Limiting

Retain


A01K 63/04

B01D

Informative

Remove to group
definition




C02F

Informative

Remove to group
definition


A01K 63/06

F21, H01,
H05B

Informative

Remove to group
definition

Delete broad references to F
21,H01 &
r
efine reference to ‘Electric heating or
lighting apparatus
not otherwise
provided for
H05B’

A01K 67/00

A61D 19/00

Informative

Remove to group
definition




A61K 3
5
/52

Informative

Remove to group
definition

C
orrected to A61K 35/52



C12M 3/00

I
nformative

Remove to group
definition

Re
fin
e

reference to:

‘Apparatus for
in vitro
animal cell culture
C12M 3/00’



C12N 5/00

Informative

Remove to group
definition

R
efine reference to:


in vitro

animal cell culture (e.g. oocytes,
sperm cells and embryos)

C12N 5/00’



C12N 15/00

Informative

Remove to group
definition


A01K 67/02

A01K 15/00

Informative

Remove to group
definition




A01K 21/00

Informative

Remove to group
definition


A01K 67/033

A01M

Informative

Remove to group
definition


A01K 75/04

A01
K 93/00

Informative

Remove to group
definition

Refine reference to ‘Floats for angling
A01K 93/00’

A01K 75/06

A01K 95/00

Informative

Remove to group
definition

Refine reference to ‘Sinkers for angling
A01K 95/00’

A01K 79/02

H05C

Informative

Remove to gro
up
definition

Refine reference to ‘Electric circuits or
apparatus specially designed for
catching fish H05C’

A01K 80/00

A01K 73/00

Informative

Remove to group
definition




A01K 74/00

Informative

Remove to group
definition






E02F

Informative

Remove to
group
definition


A01K 81/00

F41,F42

Informative

Delete

Reference considered too broad and
unnecessary

A01K 85/08

A01K 97/26

Informative

Remove to group
definition


A01K 89/01

A01K 89/027

Precedence

Retain


A01K 89/015

A01K 89/033

Precedence

Retain


A
01K 91/03

A01K 95/02

Limiting

Retain


A01K 91/06

A01K 93/00

Informative

Remove to group
definition


A01K 97/00

A01K 65/00

Limiting

Retain




A01K 77/00

Limiting

Retain


A01K 97/04

A23K 1/18

Informative

Remove to group
definition


A01K 97/12

A01K 91/06

Precedence

Retain


A01K 97/20

A01K 97/05

Precedence

Retain