 The distinction between biochemical (activity) function and developmental (use) function is reinforced by the hierarchical aspects of homology (Hall 1994). A capacity defining the use-function of a regulatory gene at one level of organization, such as axial patterning, must be considered as an activity-function itself at another level of organization, such as the differentiation of serially repeated elements along a body axis. (Note that  “level of organization”  need not be compositional and thus the language of “higher” and “lower” levels may be inappropriate.) The developmental roles of Hox genes in axial patterning may be conserved by virtue of their biochemical activity-function homologies but Hox genes are not use-function homologues because of these developmental roles. Instead of focusing on the activity of a gene component and its causal role in axial patterning, we shift to the activity of axial patterning and its causal role elsewhere (or elsewhen) in embryonic development.