This document proposes a tree kernel-based approach for clone detection that is able to detect type 3 code clones. It defines features to annotate nodes in abstract syntax trees, including instruction class, instruction, context, and lexemes. A kernel function is used to measure similarity between pairs of nodes based on their features. The technique then applies this node comparison recursively to compute similarity between entire subtrees and identify clones. An evaluation on artificially injected clones in a small Java system found the approach could detect all type 1 and 2 clones with no false positives, and achieved best results for type 3 clones with a similarity threshold of 0.7.