Games using tangible projectile

SECTION I - CLASS DEFINITION

This class includes:

Apparatus or means relating to the type of amusement, recreational, or play activities commonly known as games or sports (a) in which one or more players or participants use a ball, missile, stream of water, or any other such body which occupies physical space and can be touched and thereby felt by the one or more players or participants (i.e., a tangible body) such that, during play of a game or sport, the ball, missile, or other such tangible body is thrown, rolled, shoved, impelled, propelled, projected, or otherwise put into motion by a nonexplosive force so as to achieve an objective set forth by rules defined for the particular game or sport and (b) wherein the result of playing such a game or sport can be indicated according to rules defined for the particular game or sport;

Devices which are ancillary or appurtenant to the types of games or sports included herein, unless they are provided for elsewhere.

(1) Note. The ball, missile, or other such tangible body is (a) usually initially put into motion by an external force supplied either by a player of the game or sport or by other nonexplosive means (e.g., by a mechanically operated device, etc.) and (b) usually continues in motion under its own inertia (in the absence of intervention or interception by another external force or by a body) after having been put into motion. However, a self-propelled ball, missile, or other such tangible body may be included herein provided it is intended to be used in the play of a game or sport.

(2) Note. In regard to devices or implements for striking, impelling, launching, or, otherwise, projecting a game projectile, the following applies: (a) Any projector device or implement which is combined with any other device, apparatus, or component used for a game or sporting purpose is included herein, (b) a striking type of projector implement which is used for a game or sporting purpose (such as a club, bat, racket, paddle, mallet, stick, etc.) and which is carried by (e.g., handheld) and manually manipulated by a user to strike and thereby project a game projectile such that substantially all of the force used to project the projectile is supplied by the user is, per se, included herein, (c) a throwing or flinging type of implement or device which is used for a game or sporting purpose and which is specifically adapted and intended to be used to both project a game projectile and to catch a game projectile after it has been projected (i.e., a combined projector-catcher device) is, per se, included herein, and (d) any projector device or implement (other than one which is operated by explosive means) which is used for a game or sporting purpose and which is specifically adapted and intended to project a game projectile so that it travels upon a playing surface substantially at all times (i.e., the projectile is in contact with and moving over the playing surface either upon or immediately after projection) is, per se, included herein. Centrifugally or mechanically operated device or implement, per se, for projecting a projectile into the air, which device or implement may be used to project a game projectile is located elsewhere. See References to Other Classes, below.

(3) Note. Although not generally used during the play of the types of games or sports included herein, devices or implements which are used by a player to practice or train for one of the types of games or sports included herein are provided for in Class 473. Since such practice and training devices or implements are designed to enable a player to improve or perfect his or her physical skills (e.g., motor skills, coordination, etc.) in the playing of any aspect of the game or sport for which it was designed for, they are included in Class 473 on the basis that they are ancillary or appurtenant to the types of games or sports provided for herein.

(4) Note. A ball, marble, die, top, etc. which is intended to be used as a chance device alone or intended to be used as part of a chance device or game apparatus (e.g., a die used as a chance device to generate a random number, letter, etc., a marble used as part of a roulette-wheel apparatus, or a die used to generate a number, letter, etc. during play of a board game apparatus, etc.) is not considered to be a projectile proper for Class 473 and is, therefore, excluded. Likewise, a marble or the like used to operate a "Rube Goldberg"" type of device, which device being used to play a game (for example, used in the play of a board game) is not considered to be a projectile proper for Class 473 and is, therefore, excluded. An object (often a representation of a horse, vehicle, person, etc.) which is propelled during play of a propelled racing game is not considered to be a projectile proper for Class 473 and is, therefore, excluded.