This is the class for plants which are patentable under Title
35 U.S. Code, Section 161, which provides for the granting of a
patent to whoever invents or discovers and asexually reproduces
any distinct and new variety of plant, including cultivated sports,
mutants, hybrids, and newly found seedlings other than a tuber propagated plant
or a plant found in an uncultivated state.
SECTION II - LINES WITH OTHER CLASSES AND WITHIN THIS CLASS
II. LINES WITH OTHER CLASSES AND WITHIN THIS CLASS
In order to be properly classified, a patent or publication is
placed in the first appearing of a series of coordinate subclasses
which includes the subject matter of the patent or publication.
Thus, a patent describing a plant which is both a conifer and a
shrub is classified as a conifer rather than a shrub. A patent not
fitting the description of any of the first line subclasses is classified
in miscellaneous subclasses elsewhere. (See Subclass References
to the Current Class, below.)
A subclass which is positioned one indent to the left of one
or more following subclasses is considered to be the residual (miscellaneous)
subclass for that group of subclasses. Thus, the subclass titled
Shrubs or vines, includes those shrubs or vines which are not azaleas
or rhododendrons, barberries, buddleias, etc., while the subclass
titled Camellia, includes those camellias which are neither pink
nor red. (See Subclass References to the Current Class, below.)
Subclasses in this class have been created based on the commercial
or market class in which the plants are normally found. For example,
though a tomato is botanically a fruit, it is sold as a vegetable,
therefore making classification proper for the vegetable area rather
than the fruit area. Though some varieties of philodendron may
grow as a vine, it is normally sold with the ornamental foliage
plants and therefore is classified in that area rather than with
the vines and shrubs. (See Subclass References to the Current Class,
below.)
If a plant is noted for its flowers and its foliage, it will normally
be classified with the ornamental flowering plants since those subclasses
appear in the schedule prior to the ornamental foliage subclasses.
Whether a plant is noted for its foliage or its flowers may sometimes
be a subjective decision. When in doubt, look at the subclass definitions
for guidance.
The color definitions given herein are substantially those
found in Webster"s New International Dictionary, Second
Edition, Unabridged, published by G.C. Merriam Co., Springfield,
MA. Each color definition refers to one or more plant patents so
that the blossoms of the plant patents themselves comprise a kind
of color chart to illustrate the words of the definitions. The
color designations apply to the color of the blossom when it is newly
open and in an unfaded condition, i.e., not in bud or in full bloom.
The color designation in the patent specification is the color used
to determine placement of patents.
The effects of light and shadow should be discounted when
determining the true color of a blossom for purposes of classification.
Also, the color at the base of the petal should be disregarded except
where a two-tone or bicolor effect is quite obvious.
All the color designations refer to solid colors unless clearly
indicated otherwise. Thus, considering the group of climbing roses,
a striped or bicolor rose would not be proper for any of the indented
subclasses but would be placed in the miscellaneous subclass for
climbing roses. In determining whether or not a blossom has a solid color,
the appearance of the flower as a whole is the proper criterion.
Minor flecks and gradations of color should be disregarded. However,
both faces of all petals must be substantially the same color. (See
References to the Current Class, below.)
SECTION III - SUBCLASS REFERENCES TO THE CURRENT CLASS
Multicellular Living Organisms and Unmodified
Parts Thereof and Related Processes,
subclasses 295+ for living multicellular plants and separated or
severed parts thereof that have not undergone any modification or
treatment subsequent to their separation (e.g., untreated seeds,
etc.).
This subclass is indented under subclass 101. Rose plant which is characterized as highly basally dominant,
forming a profusion of upwardly extending canes, resulting in a
dense, mounded, shrub-like specimen plant as typified by U.S. plant
patent Nos. 9715, 9191, and 8680.
(1)
Note. This plant may also be characterized by short to medium
length flowering stems, superior cold hardiness and disease resistance,
coarseness of the blooms and/or plant, and abundant foliage.
Shrub-like plants with highly quartered blooms are also included
in this subclass.
This subclass is indented under subclass 102. Shrub rose characterized by blossoms which are white (a
color comparable to fresh snow; a neutral or achromatic color of
highest brilliance; the lightest gray) as typified by U.S. plant
patent Nos. 9650, 9374, and 8871.
This subclass is indented under subclass 102. Shrub rose characterized by blossoms which are yellow
(a color which resembles the hue of ripe lemons or the color of
sulfur) as typified by U.S. plant patent Nos. 9007, 8668, and 8682.
This subclass is indented under subclass 102. Shrub rose characterized by blossoms which are orange
(a color varying from reddish red-yellow to red-yellow, in saturation
from high to very high, and in brilliance from medium to high),
as typified by U.S. plant patent Nos. 9705, 9527, and 9524.
This subclass is indented under subclass 102. Shrub rose characterized by blossoms which are salmon
(a color which is reddish red-yellow, of medium saturation and high
brilliance), as typified by U.S. plant patent No. 7312.
This subclass is indented under subclass 102. Shrub rose characterized by blossoms which are pink (a
color varying from reddish blue-red to yellowish red, from low to
medium saturation and from high to very high brilliance), as typified
by U.S. plant patent Nos. 9680, 9641, and 9526.
This subclass is indented under subclass 102. Shrub rose characterized by blossoms which are red (a color
ranging from that of blood to that of a ruby), as typified by U.S.
plant patent Nos. 9649, 9537, and 9554.
This subclass is indented under subclass 101. Rose plant characterized by vigorous, long, erect or lax
canes suitable for training on trellises or fences, as typified
by U.S. plant patent Nos. 8019, 6892, and 5049.
(1)
Note. "Pillar" and "Rambler" roses are proper for this and
indented subclasses.
This subclass is indented under subclass 109. Climbing rose characterized by blossoms which are white
(a color comparable to fresh snow; a neutral or achromatic color
of highest brilliance; the lightest gray), as typified by U.S. plant
patent Nos. 8689, 6706, and 2284.
This subclass is indented under subclass 109. Climbing rose characterized by blossoms which are yellow
(a color which resembles the hue of ripe lemons or the color of
sulphur), as typified by U.S. plant patent Nos. 9012, 8411, and
6509.
This subclass is indented under subclass 109. Climbing rose characterized by blossoms which are orange
(a color varying from reddish red-yellow to red-yellow, in saturation
from high to very high, and in brilliance from medium to high),
as typified by U.S. plant patent Nos. 9356, 9233, and 9013.
This subclass is indented under subclass 109. Climbing rose characterized by blossoms which are salmon
(a color which is reddish red-yellow, of medium saturation and high
brilliance) as typified by U.S. plant patent Nos. 7617, 6596, and
1606.
This subclass is indented under subclass 109. Climbing rose characterized by blossoms which are pink
(a color varying from reddish blue-red to yellowish red, from low
to medium saturation, and from high to very high brilliance), as
typified by U.S. plant patent Nos. 9612, 9492, and 7196.
This subclass is indented under subclass 109. Climbing rose characterized by blossoms which are red
(a color ranging from that of blood to that of a ruby), as typified
by U.S. plant patent Nos. 8741, 6817, and 4910.
This subclass is indented under subclass 101. Rose plant which is characterized primarily by short stature
(ranging in height from a few inches to approximately 20 inches),
petite foliage, and blossoms of a diameter which is generally 1.5
inches or less, as typified by U.S. plant patent Nos. 9749, 9734,
and 9033.
This subclass is indented under subclass 116. Miniature rose characterized by blossoms which are white
(a color comparable to fresh snow; a neutral or achromatic color
of highest brilliance; the lightest gray), as typified by U.S. plant
patent Nos. 9280, 9279, and 9016.
This subclass is indented under subclass 116. Miniature rose characterized by blossoms which are yellow
(a color which resembles the hue of ripe lemons or the color of
sulphur), as typified by U.S. plant patent Nos. 9414, 9401, and
9159.
This subclass is indented under subclass 116. Miniature rose characterized by blossoms which are orange
(a color varying from reddish red-yellow to red-yellow, in saturation
from high to very high, and in brilliance from medium to high),
as typified by U.S. plant patent Nos. 9656, 7606, and 7558.
This subclass is indented under subclass 116. Miniature rose characterized by blossoms which are salmon
(a color which is reddish red-yellow, of medium saturation and high
brilliance) as typified by U.S. plant patent Nos. 9018, 8515, and
7032.
This subclass is indented under subclass 116. Miniature rose characterized by blossoms which are pink
(a color varying from reddish blue-red to yellowish red, from low
to medium saturation, and from high to very high brilliance), as
typified by U.S. plant patent Nos. 9735, 9717, and 9651.
This subclass is indented under subclass 116. Miniature rose characterized by blossoms which are red
(a color ranging from that of blood to that of a ruby), as typified
by U.S. plant patent Nos. 9528, 9483, and 9090.
This subclass is indented under subclass 101. Rose plant which is primarily characterized as being greater
in height, stature, foliage size, and bloom size than miniatures,
but still lesser than floribundas, as typified by U.S. plant patent
Nos. 9821, 9798, and 9786.
(1)
Note. Typical height ranges would be from greater than 18
inches to 30 inches plus, with bloom diameters characterized as
greater than 1.5 inches, usually in the range of 2 to 2.5 inches.
This subclass is indented under subclass 123. Super-miniature rose characterized by blossoms which are
white (a color comparable to fresh snow; a neutral or achromatic
color of highest brilliance; the lightest gray), as typified by
U.S. plant patent Nos. 8899, 8850, and 5557.
This subclass is indented under subclass 123. Super-miniature rose characterized by blossoms which are
yellow (a color which resembles the hue of ripe lemons or the color
of sulfur), as typified by U.S. plant patent Nos. 6560, 5690, and
5427.
This subclass is indented under subclass 123. Super-miniature rose characterized by blossoms which are
orange (a color varying from reddish red-yellow to red-yellow, in
saturation from high to very high, and in brilliance from medium
to high), as typified by U.S. plant patent Nos. 9420, 8578, and
5246.
This subclass is indented under subclass 123. Super-miniature rose characterized by blossoms which are
salmon (a color which is reddish red-yellow, of medium saturation
and high brilliance), as typified by U.S. plant patent Nos. 8554,
7188, and 5118.
This subclass is indented under subclass 123. Super-miniature rose characterized by blossoms which are
pink (a color varying from reddish blue-red to yellowish red, from
low to medium saturation, and from high to very high brilliance),
as typified by U.S. plant patent Nos. 9790, 6139, and 6132.
This subclass is indented under subclass 123. Super-miniature rose characterized by blossoms which are
red (a color ranging from that of blood to that of a ruby), as typified
by U.S. plant patent Nos. 9160, 9063, and 8555.
This subclass is indented under subclass 101. Rose plant characterized as free flowering with large,
well-shaped blooms borne singly or in small clusters on long stems,
as typified by U.S. plant patent Nos. 9806, 9805, and 9706.
This subclass is indented under subclass 130. Grandiflora or hybrid tea rose characterized by blooms
in which either the reverse or face side of the petal is red (a
color ranging from that of blood to that of a ruby) and the other
side of the petal is a different color, as typified by U.S. plant
patent Nos. 9376, 9064, and 9052.
This subclass is indented under subclass 130. Grandiflora or hybrid tea rose characterized by blooms
exhibiting a splashing, striping, speckling, or dotting of two or
more distinct colors, as typified by U.S. plant patent Nos. 9574, 9037,
8590, and 3623.
This subclass is indented under subclass 130. Grandiflora or hybrid tea rose characterized by blooms
which are white (a color comparable to fresh snow; a neutral or
achromatic color of highest brilliance; the lightest gray), as typified by
U.S. plant patent Nos. 9833, 9402, and 9328.
This subclass is indented under subclass 130. Grandiflora or hybrid tea rose characterized by blooms
which are yellow (a color which resembles the hue of ripe lemons
or the color of sulphur), as typified by U.S. plant patent Nos. 9719,
9608, and 9591.
This subclass is indented under subclass 130. Grandiflora or hybrid tea rose characterized by blooms
which are orange (a color varying from reddish red-yellow to red-yellow,
in saturation from high to very high, and in brilliance from medium
to high), as typified by U.S. plant patent Nos. 9609, 9170, and
9116.
This subclass is indented under subclass 130. Grandiflora or hybrid tea rose characterized by blooms
which are salmon (a color which is reddish red-yellow, of medium
saturation and high brilliance), as typified by U.S. plant patent Nos.
9330, 9043, 8629.
This subclass is indented under subclass 130. Grandiflora or hybrid tea rose characterized by blooms
which range from a light to a medium shade of pink (a color varying
from reddish blue-red to yellowish red, from low to medium saturation,
and from high to very high brilliance), as typified by U.S. plant
patent Nos. 9808, 9807, and 9289.
This subclass is indented under subclass 130. Grandiflora or hybrid tea rose characterized by blooms
which are a dark shade of pink (a color varying from reddish blue-red
to yellowish red, from low to medium saturation, and from high to
very high brilliance), as typified by U.S. plant patent Nos. 9564,
9403, and 8632.
This subclass is indented under subclass 130. Grandiflora or hybrid tea rose characterized by blooms
which range from a light to medium shade of red (a color ranging
from that of blood to that of a ruby), as typified by U.S. plant patent
Nos. 9862, 9736, and 9636.
This subclass is indented under subclass 130. Grandiflora or hybrid tea rose characterized by blooms
which are a dark shade of red (a color ranging from that of blood
to that of a ruby), as typified by U.S. plant patent Nos. 9974,
9915, and 8754.
This subclass is indented under subclass 101. Rose plant characterized as very free flowering with blooms
borne in clusters as typified by U.S. plant patent Nos. 9600, 9171,
and 9161.
(1)
Note. Floribundas are generally of lesser stature than hybrid
teas or grandifloras, and polyanthas are generally smaller than
floribundas, in bloom size as well as stature.
This subclass is indented under subclass 141. Floribunda or polyantha rose characterized by blooms in
which either the reverse or face side of the petal is red (a color
ranging from that of blood to that of a ruby) and the other side
of the petal is a different color, as typified by U.S. plant patent
Nos. 9405, 8579, and 7139.
This subclass is indented under subclass 141. Floribunda or polyantha rose characterized by blooms exhibiting
a splashing, striping, speckling or dotting of two or more distinct
colors, as typified by U.S. plant patent Nos. 9592, 6255, and 5399.
This subclass is indented under subclass 141. Floribunda or polyantha rose characterized by blooms which
are white (a color comparable to fresh snow; a neutral or achromatic
color of highest brilliance; the lightest gray), as typified by
U.S. plant patent Nos. 9720, 9629, 8580.
This subclass is indented under subclass 141. Floribunda or polyantha rose characterized by blooms which
are yellow (a color which resembles the hue of ripe lemons or the
color of sulphur), as typified by U.S. plant patent Nos. 9657, 9512,
and 8946.
This subclass is indented under subclass 141. Floribunda or polyantha rose characterized by blooms which
are orange (a color varying from reddish red-yellow to red-yellow,
in saturation from high to very high, and in brilliance from medium
to high), as typified by U.S. plant patent Nos. 9711, 8900, and
5428.
This subclass is indented under subclass 141. Floribunda or polyantha rose characterized by blooms which
are salmon (a color which is reddish red-yellow, of medium saturation
and high brilliance), as typified by U.S. plant patent Nos. 9721,
6165, and 5764.
This subclass is indented under subclass 141. Floribunda or polyantha rose characterized by blooms which
range from a light to a medium shade of pink (a color varying from
reddish blue-red to yellowish red, from low to medium saturation
and from high to very high brilliance), as typified by U.S. plant
patent Nos. 9722, 9613, and 9101.
This subclass is indented under subclass 141. Floribunda or polyantha rose characterized by blooms which
are a dark shade of pink (a color varying from reddish blue-red
to yellowish red, from low to medium saturation and from high to
very high brilliance), as typified by U.S. plant patent Nos. 9689,
9567, and 8183.
This subclass is indented under subclass 141. Floribunda or polyantha rose characterized by blooms which
range from a light to a medium shade of red (a color ranging from
that of blood to that of a ruby), as typified by U.S. plant patent
Nos. 9032, 8743, and 8634.
This subclass is indented under subclass 141. Floribunda or polyantha rose characterized by blooms which
are a dark shade of red (a color ranging from that of blood to that
of a ruby), as typified by U.S. plant patent Nos. 8025, 7996, and
7157.
This subclass is indented under the class definition. Plant which (a) bears edible hard-shelled dry fruit having
a more or less distinct hull or (b) is an "ornamental" variety which
may bear no fruit at all and is characterized by attractive foliage
or blossoms.
This subclass is indented under the class definition. Plant which (a) bears edible and fleshy fruit or (b) is
an "ornamental" variety of fruiting species which may bear no fruit
at all and is characterized by attractive foliage or blossoms.
(1)
Note. Interspecific hybrids are classified in the subclass
which includes both or all plants involved in the interspecific
cross. For example, a lemon X lime hybrid would be placed in the
citrus subclass and a plum X apricot hybrid would be placed in the
stone fruit subclass.
This subclass is indented under subclass 161. Apple plant which is particularly noted for its ornamental
shape, ultimate size, ornamental flowering habit, or any combination
of such characteristics, and which would be marketed as or labelled,
in the market place, with the generic identifier "crabapple".
(1)
Note. Fruit of the crabapple is of reduced size, has mealy
flesh, and is not normally marketable.
This subclass is indented under subclass 161. Apple plant which is derived from breeding programs or
discoveries and has primary utility for use as a rootstock.
This subclass is indented under subclass 161. Apple plant which essentially bears fruit on or on short
spurs off an essentially nonbranching main vertical stem.
This subclass is indented under subclass 176. Pear plant which does not produce marketable fruit and
which has attributes of desirable shape, canopy density, growth
habit, fall coloration, etc., and is marketed as an ornamental tree.
This subclass is indented under subclass 176. Pear plant which produces fruit which is marketed within
the market class Asian pear and which belongs to any of the species
of Asian pears.
This subclass is indented under subclass 176. Pear plant which is derived from breeding programs or
discoveries and has primary utility for use as a rootstock.
This subclass is indented under subclass 156. Fruit plant which belongs to the genus Prunus and which
may have within its genetic background more than one species within
the genus.
(1)
Note. Interspecific hybrids of stone fruits are proper for
this subclass (e.g., plumcots, etc.).
This subclass is indented under subclass 180. Stone fruit plant which belongs to the genus Prunus and
is marketed as a "cherry".
(1)
Note. The cherries may be further characterized as "Bird",
"Pin", "Wild", "Flowering", Duke, Mahaleb, Saint Luci, Manchu,
Nanking , "Sour", "Pie", "Sweet", Bing, Mazzard, Western Plum,
etc.
This subclass is indented under subclass 181. Cherry plant which is used for ornamentation in landscape
planting and which does not bear marketable fruit.
This subclass is indented under subclass 180. Fruit plant which belongs to the genus Prunus and is
marketed as a "plum".
(1)
Note. The plums are further characterized as Beach, Big
tree, Bullace, Damson, Canada, Chicksaw, Mountain Cherry,
Common, Hortulan, Hybrid, Japanese, Myrobalan or Cherry plum,
Oklahoma, Pacific, Simon, Apricot, Wild Goose, etc.
This subclass is indented under subclass 184. Plum plant which belongs to the genus Prunus and is a
member of a group which may be successfully sun dried without removal
of pits and marketed as a "prune".
This subclass is indented under subclass 180. Fruit plant which belongs to the genus Prunus and is
marketed as an "apricot".
(1)
Note. Apricots found in this subclass include those of the
species sibirica, armeniaca, mume, and dasycarpa, or hybrids
having one of the subject species as the seed parent.
This subclass is indented under subclass 180. Fruit plant which belongs to the genus Prunus, and species
persica which is characterized by having a smooth (absent fuzz
or pubescence) skin covering the flesh of the fruit.
This subclass is indented under subclass 187. Nectarine plant which bears fruit having flesh of predominantly
white coloration and wherein the flesh once ripe is tenaciously
adhered over substantially the entire surface of the stone.
(1)
Note. Fruit which is described as "semi-clingstone" or "semi-freestone"
is classified as "clingstone".
(2)
Note. Included in this subclass is fruit with predominantly
white flesh but having flecks of another color or with red stone
well color.
This subclass is indented under subclass 187. Nectarine plant which bears fruit having flesh of predominantly
white coloration and wherein the flesh once ripe readily separates
from the stone leaving the stone substantially free of flesh.
(1)
Note. Included in this subclass is fruit with predominantly
white flesh but having flecks of another color or with red stone
well color.
This subclass is indented under subclass 187. Nectarine plant which bears fruit having flesh of predominantly
yellow coloration and wherein the flesh once ripe is tenaciously adhered
over substantially the entire surface of the stone.
(1)
Note. For examples, see U.S. plant patent Nos. 759, 1324,
and 1545.
(2)
Note. Included in this subclass is fruit with flesh which
is predominantly yellow but may contain flecks of color other than
yellow and red stone well color.
(3)
Note. Fruit which is described as "semi-clingstone" or "semi-freestone"
is classified as "clingstone".
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101