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Class 351 :: OPTICS: EYE EXAMINING, VISION TESTING AND CORRECTING

Definition

This class corresponds generally in subject matter to optometry, and includes eye examining and vision testing instruments. These instruments must include some optical structure or they must operate in conjunction with the optical or vision path of the eye. Included also are these instruments combined with eye exercising and/or training devices. Included also are certain accessories such as test charts and/or targets which may involve projection, illuminators and supports which are peculiar to these instruments. Included also are methods of operating or using these instruments and not generally classifiable.

Included also are spectacles and eyeglasses, which may include the frames or mountings, per se, or the frames or mountings with fitted opthalmic lenses. Included also are spectacles and eyeglasses combined with other structural elements when not otherwise classifiable, such as spectacles combined with holders for microphotographs, telescopes or face protecting masks.

Included also are perfecting features with these spectacles and eyeglasses such as antiglare or light absorption, rear view reflectors, decorations moisture prevention or absorption, and supports or holders. Included also are parts of spectacles and eyeglasses when not otherwise classifiable, such as temples, bridges, connectors, lens linings or rims, and nose pads or cushions.

Included also are opthalmic lenses or blanks, including the eye-contact type. Included also are perfecting features in these lenses such as with light filtering or with protecting layers. Included also are methods of making the spectacles and eyeglasses and the opthalmic lenses. Included also are lens repair devices.

LINES WITH OTHER CLASSESA. EYE EXAMINING AND TESTING INSTRUMENTS CLASSIFIED ELSEWHEREEye testing instruments and such instruments combined with eye training devices are classified here as a residual home. Eye treatment appliances and methods intended to aid in the diagnosis of diseased eyes or during surgical operations of the eye are elsewhere. (See References to Other Classes, below.

B. SPECTACLE AND EYE GLASS MOUNTINGS COMBINED WITH OTHER STRUCTUREThis class provides for opthalmic lenses combined with the mountings or frames; and also provides residually for such mountings or frames, per se, even when the sole indicated use is to mount nonopthalmic lenses or other structure which may be nonoptical. Examples of such nonopthalmic lenses are in telescopes, microscopes, and general magnifiers; and examples of this other structure are eye shades and goggle components (such as cups, masks, or shields), artificial body members, and electrical hearing aids. However, when these nonopthalmic lenses or other structures are claimed either broadly or specifically with the mounting, classification is not here, but in the class providing for the particular lens or other structure. See References to Other Classes, below.

As between this class, Class 2, and Class 623 the claiming of opthalmic structure in such example terms as "opthalmic lens", "correcting lens" and "astigmatic lens" is sufficient for classification in this Class 351 regardless of any eye shielding or artificial body structure included. However, as between this Class 351, Class 381, and Class 359 the inclusion of opthalmic structure together with other structure, per se, classifiable in Class 381 and Class 359 is not sufficient to classify in this Class 351.

The term "lens" due to its wide use is not sufficient to control classification. The combination of the lens broadly claimed together with the spectacle- type frame is classifiable in this Class 351 regardless of the indicated use of the lens.

C. GOGGLESGoggles, which may include frames similar to the opthalmic lens mountings as classified with spectacles, but which in addition, have some structure whose purpose is protection of the wearer from mechanical injury such as cups, masks, shields, or hoods are classified elsewhere (see References to Other Classes). When this goggle structure includes lenses or transparent elements with some optical limitation such as vision correcting or light intensity modifying opthalmic elements, curved, spherical or meniscus lenses, light filters or polarizing lenses, classification is with the spectacles in this Class 351. However the broad recitation of a lens or transparent element is not sufficient to include otherwise goggle structure in this Class 351.

Goggles with no optical limitations but formed as spectacle lens mountings, but omitting any body protection structure, are classified in this Class 351. Where both the optical and body protecting structure are claimed classification is with the spectacles in this Class 351.

D. LENSESSingle lenses or lens combinations are classified elsewhere, and are primarily used in the category of optical instruments such as cameras, binoculars, magnifiers, telescopes, microscopes and oculars, principally for the purpose of forming or projecting a real or virtual image or images. (See References to Other Classes, below.)In contrast to the above lenses used in instruments the opthalmic lenses including contact lenses classified in this Class 351 act as vision correcting organs and are specially adapted for use in spectacles or eyeglasses for the purpose of producing a clear image in conjunction with the eye lens on the sensitive screen in the eye known as the retina. For example, if the eye is myopic (near-sightedness) a negative lens is necessary to produce a proper image on the retina, and if the eye is hyperopic (far-sightedness) a positive lens is added to bring the light rays into correct focus on the retina. If the eye is astigmatic a cylindrical lens is added. These opthalmic lenses are essentially useful with the eye lens for aiding and correcting any visual defects of the eye lens.

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