Class Definition for Class 426 - FOOD OR EDIBLE MATERIAL: PROCESSES, COMPOSITIONS, AND PRODUCTS

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CLASS 426,	FOOD OR EDIBLE MATERIAL: PROCESSES, COMPOSITIONS, AND PRODUCTS
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SECTION I - CLASS DEFINITION

This class provides in general for products and compositions in any physical form which are intended to be consumed by human being or lower animals in whole or part via the oral cavity.

Food and edible will be used synonymously and interchangeable herein only in those situations where the edible is intended to be consumed and is not merely in a nontoxic form which is ancillary to its ultimate and intended purpose, e.g., adhesive for stamps, etc. This class includes the following subject matter not provided for elsewhere.

A. EDIBLE PRODUCTS OR COMPOSITIONS

1. Products or compositions which historically have been considered to be a food, and products or compositions which contain a naturally occurring material (i.e., plant or animal tissue) which has been historically regarded as a food; e.g., milk, cheese, apples, bread, dough, bacon, whiskey, etc.

2. Products or compositions which are known to have or are disclosed as having nutritional effect.

3. Products or compositions which are closed or claimed as being edible or which; perfect, modify, treat, or are used in conjunction with an edible such as (1) or (2) above or with another edible, so as to become part of the edible composition or product, or which converts a nonedible to an edible form.

4. Plural inorganic elements or minerals for fortification.

5. Mixtures of enzymes which are edible, per se, or which are used in preparing a product or composition proper for this class.

6. Products or compositions proper for this class which contain a live micro-organism which enhances or perfects the digestive action of the intestinal tract, e.g., Bacillus acidophilus milk, etc.

7. Edible bait.

8. Edible products or compositions which have structural characteristics.

B. EDIBLE FOOD PRODUCTS IN COMBINATION with Nonfood Materials Which Are Generally:

1. Products or compositions of A. above in combination with a package structure, inedible casing, a liner or base, an infusion bag, etc.

2. Compounds which have the same function as in (A. 1-3) in combination with an inedible material.

3. Potable water in a package.

4. Chewing gum and chewing gum bases, per se.

C. THIS CLASS IS THE GENERIC CLASS FOR:

1. Flavoring compositions wherein at least one of the ingredients is not a carbohydrate type material.

2. Sweetening compositions wherein at least one of the ingredients is a noncarbohydrate type material.

D. GRIT AND OTHER MATERIALS which are consumed so as to aid in mastication of a food.

E. PROCESSES OF ADMINISTERING the products or composition of A-D above to an animal via the oral cavity.

F. PROCESSES OF ADMINISTERING a compound having the same function as the compositions or products of A-D above to an animal via the oral cavity.

G. Processes Of Treating live animals with a product, compound, or ferment that perfects the food made from said animal in combination with a butchering operation, or processes of removing a food product from a live animal followed by a treatment of the removed food, or a butchering operation followed by an operation that is proper for this class.

H. PROCESSES OF PREPARING treating or perfecting the products or compositions of A-D.

I. SINGLE USE INFUSION containers or receptacles which are specific for preparing a food and which are devoid of structure which specifically cooperates with a food apparatus.

J. COMPOSITIONS AND METHODS OF USE solely disclosed or claimed for treating or perfecting a food material.

CLASSIFICATION GUIDELINES FOR THIS CLASS:

Patents have been placed herein on the general rule of placing the patent as an original in the first appearing subclass of this class that provides for the claimed subject matter.

This class regards all ingredients or additives that are involved in preparing an edible as being proper herein.

Therefor each ingredient or additive used in food preparation, whether naturally occurring as a product of nature or synthetically produced, that becomes a part of an edible composition, or treats an edible composition or is either disclosed or claimed as being edible, is to be regarded as being edible.

Ingredient or additive does not include packaging materials, containers, paper products, etc. or any other material which would not reasonably be regarded as being edible. Further, water in any of its physical forms, carbon dioxide, nitrogen, the inert gases or mixtures composed thereof are not regarded as an additive or ingredient, except, wherein the same is specifically provided for by subclass title or definitions thereof, e.g., ice coated, etc.

SECTION II - LINES WITH OTHER CLASSES AND WITHIN THIS CLASS

A. LINES WITH RELATED COMPOUND CLASSES

1. A compound, per se, is classified in the compound class regardless of utility. However, a patent having only process claims for making a protein and reciting the step of texturizing or other food perfecting step will be classified in Class 426. Further a texturized protein is proper for Class 426:

a. Where a patent claims a composition in nominal terminology only, e.g., "a composition comprising an edible amount of compound X", and there are no claims to a method to use, the original has been placed in the compound class.

b. Where a patent contains at least one claim to a method of use, even if the method refers only to a particular ingredient as being edible, the patent has been placed herein as original, (except when another use is also claimed which is superior to Class 426).

c. Where a patent claims a composition wherein at least two materials are recited or wherein proportions are recited, the original has been placed in Class 426, e.g., at least X%, etc.

See References to Other Classes, below, for Related Compound Classes and the lines with Class 426.

B. LINES WITH RELATED COMPOSITION CLASSES.

1. The rules for determining Class placement of the Original Reference (OR) for claimed chemical compositions are set forth in the Class Definition of Class 252 in the section LINES WITH OTHER CLASSES AND WITHIN THIS CLASS, subsection COMPOSITION CLASS SUPERIORITY, which includes a hierarchical ORDER OF SUPERIORITY FOR COMPOSITION CLASSES.

2. Specific Class Lines:

See References to Other Classes for the line between Class 426 and Related Composition Classes

C. LINES WITH RELATED PROCESS CLASSES.

The following general rules only apply in those situations where the process claims are (1) equally comprehensive, (2) control ultimate classification, (3) and no specific note in Class 426 or some other class is applicable.

1. General Treating Classes

The following general classification rules apply between Class 426 and the General Treating Classes.

a. The process claims are silent as to the material treated, disclosure is specific to an edible, claims are limited to a sole separation performed in one of the General Treating Classes, classification is proper in the appropriate General Treating Class.

b. The process claims are silent as to the material treated, disclosure is specific to an edible, the claims are limited to combined operation provided for specifically in Class 426 and in a General Treating Class, classification is proper in Class 426, except for general treating Classes 241, Solid or Disintegration Material Comminution, subclasses 6+ and Class 62, Refrigeration, subclasses 68+.

c. The process claims are drawn to treating edibles and nonedibles, or are limited to edibles, the claims are limited to operation performed in one of the General Treating Classes, classification is proper in the appropriate General Treating Class.

d. The claims are classified in Class 426 when the claims are limited to an edible and the treating involves an operation that is provided for in Special Treating Class, e.g., molding, dyeing, etc.; or are operations that are proper subject matter for Class 426, per se, e.g., preparing a composition, etc.; or are operations that are provided for in a General Treating Class that are in combination with a Class 426 operation, e.g., drying and subsequently cooking, etc.; or are combinations of two or more General Treating Classes, e.g., cleaning and then cutting, etc., or are combinational operations that are specifically provided for in one of the General Treating Classes and in Class 426 as well, e.g., freezing and packaging, drying with cooling, except for Class 241, Solid Material Comminution or Disintegration, subclasses 6+ and Class 62, Refrigeration subclasses 68+ which specifically provide for edible materials.

e. The process claims are silent as to the material treated; disclosure includes both edibles and non-edibles; claims are not limited to subject matter for a single General Treating Class, classification is proper in the appropriate General or Special Treating Class that provides for the over-all combination.

f. The process claims are drawn to treating edibles and nonedibles; claims are not limited to subject matter for a single General Treating Class; classification is proper in the appropriate General or Special Treating Class that provides for the over-all combination.

g. In the event that an appropriate General or Special Treating Class is not available to handle the question of classification, then classification will be based on alternatives such as superiority of certain compositions over others (see the notes relating herein to compositions and to methods of preparing thereof, Section C) or will be based on superiority of types of technology (see DUPACS section 326).

See References to Other Classes, below, for examples of General Treating Classes in the following art areas (as well as the lines between Class 426 and these classes):

2. Special Treating Classes

The following classification rules apply between Class 426 and the Special Treating Classes.

a. The process claims are silent as to the material treated; disclosure is specific to a food, classification is appropriate in Class 426.

b. Claims are limited to an edible; classification is proper in Class 426.

c. The process claims are silent as to the material treated; the disclosure refers to edible and nonedibles; the claims are limited to operations performed in one special treating class; classification is proper therein.

d. There are individual process claims to treating an edible and a nonedible; the claims whether drawn to the edible or nonedible are limited to operations performed in one Special Treating Class; classification is proper therein.

e. The process claims are silent as to the material treated; disclosure includes both edibles and nonedibles; claims are not limited to subject matter for a single Special Treating Class; classification is proper in the appropriate General or Special Treating Class that provides for the overall combination.

f. Some classification as in (E) above when claims are presented which are drawn to edible and nonedible species, and claimed subject matter is not limited to a single Special Treating Class.

g. See 1 of this same section for a further discussion into the classification of processes between classes.

See References to Other Classes, below for examples of some of the Special Treating Classes and the lines between those classes and Class 426.

D. LINES WITH PRODUCT CLASSES

1. Package Classes

Class 206, Special Receptacles and Packages, provides for special receptacles adapted to contain an edible and for packaged products not elsewhere provided for. Class 426, provides for (1) a package which is solely disclosed or claimed as containing an edible therein, or (2) a nonedible package containing packaged material, therein, which material is additive in nature, said material being solely disclosed for treating or perfecting an edible and wherein the edible is not claimed in the package.

Class 221, Article Dispensing

Class 222, Dispensing, for processes and apparatus for dispensing not elsewhere classified.

Classes 221 and 222 provide for Class 206 subject matter having a significant dispensing feature.

Class 84, Music

2. Amusement And Music Classes

273, Amusement Devices: Games

446, Amusement Devices: Toys

The above classes provide for subject matter of their class not limited by the claims or the disclosure to the use of an edible ultimate consumption.

Class 426, provides for Class 84, Class 273 and Class 446, subject matter limited by the claims or disclosure to utilizing a Class 426 material which is ultimately intended to be consumed. Questions of doubt as to whether the article prepared from or containing a Class 426 material is ultimately to be consumed are to be resolved by classification into Class 426.

473, Amusement Devices: Games

3. General Article or Product Classes

See References to Other Classes below for General Article or Product Classes and the line with Class 426.

SECTION III - REFERENCES TO OTHER CLASSES

SEE OR SEARCH CLASS:

8,	Bleaching and Dyeing; Fluid Treatment and Chemical Modification of Textiles And Fibers, is the generic home for dyeing processes, and for compositions for dyeing. Class 8 is also the generic home for processes, for treating hides, skins, feathers, and animal tissues with chemical and fluids and for the compositions used in such treatments. Class 8 is also the generic home for processes of bleaching. Class 426, provides for dye composition, e.g., artificial coloring, etc., process of dyeing and dyed material all limited to an edible. Class 426 also provides for methods of treating animal material to prepare an edible therefrom, e.g., casing, etc. and to the compositions used in such a treating operation. Class 426 also provides for a method of bleaching an edible, e.g., flour, etc., bleachant used in such a method, and to the bleached product. (See Lines With Related Process Classes, "Special Treating Classes" above).
29,	Metal Working, for metallic or free-metal-containing materials either in the form of a single layer or a stock material laminate including at least two layers or components of such metalliferous material next to each other. Class 426 provides for stock material of the type in Class 29 in combination with a Class 426 edible. (See Lines With Product Classes, "General Article or Product Classes" above).
34,	Drying and Gas or Vapor Contact With Solids, provides for drying processes or the contacting of a solid with either or both a gas or vapor. Class 426, provides for processes of treating edible materials which are subsequent to a Class 34 operation, and all edible perfecting operations which are precedent to or concurrent with a Class 34 operation, except for operations involved in perfecting the Class 34 operation; Class 426 also provides for processes limited by the claims or disclosure to the roasting or cooking of an edible. (See Lines With Related Process Classes, "General Treating Classes" above).
43,	Fishing, Trapping, and Vermin Destroying, for imitation or artificial bait with an emitting substance, e.g., flavor, etc., and for the combination of an edible bait and an inedible bait holder, etc., so as to conserve the bait. Class 426, provides for processes of treating an edible with biocide not elsewhere provided for, and for processes of treating and preparing an edible bait and the resulting product. (See Lines With Product Classes, "General Article or Product Classes" above).
40,	Card, Picture, or Sign Exhibiting, for indicia carried by a receptacle.
47,	Plant Husbandry, provides for processes of treating the earth and its products which are not provided for elsewhere and provides specifically for processes of treating agricultural products which have not been separated from their natural habitat. Class 426 provides for processes of treating agricultural products which have been separated from their habitat so as to prepare or perfect an edible therefrom. (See "Special Treating Classes" above).
53,	Package Making, provides for methods of packaging contents including the packaging of an edible material. Class 426, provides for the packaging of an edible when said packaging operation is in combination with additional steps for preparing, treating, or preserving the edible, said steps occurring either precedent to, concurrent with or subsequent to the packaging operation. (See Lines With Related Process Classes, "General Treating Classes" above).
57,	Textiles: Spinning, Twisting, and Twining, for textile strands, having structural limitations which are coated or impregnated and where the coating or impregnation took place prior to assembly thereof to form the product. Class 426 provides for a textile strand which is surface coated or impregnated with a Class 426 edible. (See Lines With Product Classes, "General Article or Product Classes" above).
62,	Refrigeration, provides for refrigerating processes even though limited to treating an edible, subclass 58 for the separation of ice crystals so as to dry an edible; subclass 60 for packaging a general commodity involving refrigeration; subclasses 66+ and in particular subclasses 69+ therein for introducing air while congealing a flowable material, e.g., ice cream, etc. Class 62 also provides for a refrigerated package of general commodity. Class 426, provides for processes of refrigeration food (1) combined with an additional food working operation or (2) wherein the refrigerating agent becomes a part of the food (e.g., sugar refrigerant also sweetens the food). Class 426, also takes a refrigerated package limited to containing a food and a frozen article if it is a food or used with a food for purposes other than cooling as with ice. Claims to an article which functions as a food and some other function is classified as an original in Class 426 and cross-reference to Class 62. (See Lines With Related Process Classes, "General Treating Classes" above).
73,	Measuring And Testing, is the generic class for processes for performing a test or measurement on an edible. Class 426, provides for processes of performing a test or measurement on an edible combined with additional steps for treating, preparing, or perfecting an edible, e.g., comminuting, forming, adding ingredients, etc., except those operations that are solely involved in perfecting the testing or measuring. (See Lines With Related Process Classes, "General Treating Classes" above).
83,	Cutting, provides for a mere method of cutting or severing an edible; wherein the cut portions are all of the same type of material. Class 426, provides for methods of cutting or severing an edible combined with other operations for treating, making, or prefecting an edible except for those operations that are solely involved in perfecting the cutting or severing operation, as well as methods for cutting or severing an edible plastic which results in a molding or shaping of the edible by a flowing and reshaping of the plastic edible. (See Lines With Related Process Classes, "General Treating Classes" above).
95,	Gas Separation: Processes, for processes involving steps resulting in separation of a gas from a fluid mixture comprising (a) a gas and solid or liquid particles entrained therein, (b) a liquid and gas entrained therein, or (c) a plurality of gases. Class 426, provides for the separation of a gas from an edible material when the separation is part of an operation in perfecting the edible nature of the material worked on or wherein the gas separation is utilized in a subsequent edible perfecting operation. Operations designed to merely recover a gas from an edible, wherein the gas itself has no edible value, are proper in Class 95. (See "Special Treating Classes" above).
99,	Foods And Beverages: Apparatus, for apparatus used in particular or perfecting a food, in particular subclasses 275+ , for beverage making apparatus and subclasses 324+, for cooking apparatus. Also, the above subclasses for apparatus provided therein (which performs a mechanical operation on the food other than containing the same, e.g., package and related matter, etc.) when combined with a food in name only. Class 426 provides for processes and methods of using the apparatus of Class 99 in a food preparing or treating operation. Class 426 also provides for an infusion bag or receptacle, per se, of the single use variety which is specific to preparing a food and which is devoid of structure and which specifically cooperates with a Class 99 apparatus, and for infusors having a soluble charge.
100,	Presses, for methods of compacting by a mechanical interlock. Class 426, for a process of compacting an edible or for a method of expressing an edible liquid, combined with an additional operation for treating, making, or prefecting an edible, with the exception of an additional operation that is solely involved in prefecting the compacting or compressing operation. (See Lines With Related Process Classes, "General Treating Classes" above).
106,	Compositions: Coating or Plastic, provides for a coating, impregnating, or plastic composition not provided elsewhere. Class 426 provides for a coating, impregnating or plastic composition which is solely disclosed or claimed as being edible. (See "Lines With Related Composition Classes" above).
131,	Tobacco, for a tobacco product or to a tobacco substitute intended to be smoked or chewed. Class 426 provides for chewing gum and for flavoring compositions which may be used in tobacco or in a tobacco substitute.
127,	Sugar, Starch, and Carbohydrates, subclasses 29 through 33for (1) Sugars, Starches, and Carbohydrates including those claimed as being edible, (2) Impure forms of the above which originates from a single source, e.g., maple sugar, etc. (3) mixtures solely composed of any of the above even if claimed as being edible, (4) any of the above subject matter combined with a preservative, e.g., anti-caking, etc. Class 426, takes the combination of an edible nonpreservative, in Class 127 type material combined with a Class 127 type material or mixture of compound so as to provide an edible composition e.g., sugar syrup mixed with an essential oil, etc. (See "Lines With Related Compound Classes" above).
134,	Cleaning and Liquid Contact With Solids, for cleaning and liquid contact with solids including the cleaning of an edible by removing naturally occurring material therefrom. Class 426, provides for processes of treating a solid edible with liquid material which is not elsewhere provided for. Class 426, provides for all Class 134 processes which are combined with other operations for treating, making, or prefecting an edible, except for those that are involved in prefecting the Class 134 operation. Class 426 also specifically provides for the removal of a pesticidal residue. (See Lines With Related Process Classes, "General Treating Classes" above).
137,	Fluid Handling, in particular subclass 125 for handling processes involving a carbonated potable beverage prior to dispensing, Class 426 provides for methods of handling a carbonated potable beverage combined with additional steps for treating, preparing, or prefecting the beverage and which combination is not provided for elsewhere. (See Lines With Related Process Classes, "General Treating Classes" above).
138,	Pipes and Tubular Conduits, provides for casings which are open ended and are not disclosed as being edible. Class 426, provides for all edible casings and all casings which are derived from animal material. Questions of doubt as to whether the casing is edible or inedible are to be resolved by classification into Class 138. Class 426 also provides for all edible tubular products and for their method of preparation. (See Lines With Product Classes, "General Article or Product Classes" above).
139,	Textiles: Weaving, for a single or plural layer stock material product which is coated or impregnated and where the sole disclosure is that coating or impregnation took place prior to weaving. Class 426 provides for a woven product which is coated or impregnated which is a Class 426 edible. (See Lines With Product Classes, "General Article or Product Classes" above).
141,	Fluent Material Handling, with Receiver or Receiver Coacting Means, for a process for filling a container with fluent edible. Class 426, provides for the filling of a receiver with a fluent combined with a step of treating, preparing, or perfecting the edible, with the exception of those operations that are involved in perfecting the filling operation.
159,	Concentrating Evaporators, provides for processes peculiar to the concentration of solids in solution or suspension, even if solely disclosed or claimed as being edible, by the evaporation of the liquid containing the solid and by the recovery of the concentrate. The concentrate may be a liquid and need not be carried to the point of crystallization or dryness. Class 426, provides for processes limited to concentration by evaporation and the recovery of an edible material, wherein said concentrating step is combined with other operations for treating, making, perfecting an edible, except for those operations that are solely involved in perfecting the concentrating operation. (See Lines With Related Process Classes, "General Treating Classes" above).
119,	Animal Husbandry, for a method of treating an animal other than man to improve its well being including the feeding of an edible thereto and for inventions applicable to the propagation, rearing, training, e.g., flavored catnip balls, etc., and care of living animals. Class 119, also provides for treating an animal to increase its growth rate or produce a superior quality of meat if the method is more than the mere application or applications of a class 426 compound or composition. Class 426, provides for a mere method of feeding an edible to an animal; provides for converting inedible forms of an animal into an edible condition; provides for the treatment of an animal followed by a slaughtering operation; provides for grit and processes of preparing grit useful for mastication; provides for methods of feeding an animal and utilizing the waste material of the animal as an edible material. (See Lines With Related Process Classes, "Special Treating Classes" above).
156,	Adhesive Bonding and Miscellaneous Chemical Manufacture, is the general home for processes of manufacturing an article involving a chemical reaction and for processes of bonding parts together utilizing a nonmetallic cement. Class 426, for claims or claimed disclosure limited to the bonding together of a material which is partly or wholly edible, e.g., sandwich, cookie, etc. (See Lines With Related Process Classes, "Special Treating Classes" above).
162,	Paper Making and Fiber Liberation, provides for paper impregnated with a nonfiber additive, said additive having been incorporated into the paper prior to being made into a paper stock. Class 426 provides for a paper made by a Class 162 operation wherein the nonfiber additive is a Class 426 edible. (See Lines With Product Classes, "General Article or Product Classes" above).
165,	Heat Exchange, provides for processes relating to the transfer of heat from one material to another. Class 426, provides for processes of heat exchange limited by the disclosure or claims to heating an edible. Class 426, provides for fermentation processes that are solely disclosed or claimed in preparing an edible, and for mixtures of enzymes or ferments solely disclosed or claimed as edible or used in the preparation of an edible. Class 426 provides for compositions and processes of preparation relating to compositions which have the capacity to ferment and produce an edible, but which are claimed as being in an inactive state, and also provides for compositions which are undergoing a fermentation to produce an edible product. (See Lines With Related Process Classes, "Special Treating Classes" above).
201,	Distillation: Processes, Thermolytic, provides for the heating of a solid carbonaceous material to cause a compound or compounds in the material to undergo a chemical decomposition to form different chemical substances, at least some of which are volatile under the conditions employed and unvaporized solid carbonaceous material. Class 426, provides for a class 201 type distillation operation wherein the claims or claimed disclosure is limited to preparing or perfecting a food. (See Lines With Related Process Classes, "Special Treating Classes" above).
203,	Distillation: Processes, Separatory, provides for processes of merely recovering alcohol from a fermented beverage by distillation without the preparation of the beverage. Class 426, provides for separatory distillation processes limited to edible treating or perfecting. Class 426 also provides for processes of removing alcohol to prepare a distilled beverage by a distillation process. (See Lines With Related Process Classes, "Special Treating Classes" above).
204,	Chemistry: Electrical And Wave Energy, for processes in general for treating or preparing materials involving the application of electrical, radiant, or wave energy; and for processes of preparing vitamins involving electrical or wave energy. Class 426, provides for processes limited by a claim or by the disclosure to treating or preparing an edible by the application thereto of electrical, radiant, or wave energy. (See Lines With Related Process Classes, "Special Treating Classes" above).
209,	Classifying, Separating, and Assorting Solids, provides for methods of separating solid materials including an edible and assorting or segregating them in grades or classes according to physical characteristics, e.g., separation of grain, vegetables, flour, etc. Class 426, provides for all processes of class treating an edible by a Class 209 operation in combination with an operation not provided for elsewhere and for combinations of operations provided for in Class 209 which are limited to operating on an edible. (See Lines With Related Process Classes, "General Treating Classes" above).
221,	Article Dispensing, provides for processes of dispensing which may involve dispensing of an edible material. Class 426, provides for methods of dispensing edible materials combined with additional steps of treating, preparing, or perfecting the edible other than those operations which are solely involved in perfecting the dispensing operation. (See Lines With Related Process Classes, "General Treating Classes" above).
222,	Dispensing, provides for processes of dispensing which may involve dispensing an edible material. Class 426, provides for processes of dispensing edible materials combined with additional steps for treating, preparing, or perfecting the edible other than those operations which are solely involved in perfecting the dispensing operation, and for operations of dispensing where the material is shaped by the outlet of a dispenser so that the material delivered has a desired shape. (See Lines With Related Process Classes, "General Treating Classes" above).
210,	Liquid Purification or Separation, for a process of the type classified in Class 210 not limited by a claim or by the disclosure to an edible; and for methods of purifying or separating water. Class 426, provides for a process of purifying or separating a liquid other than water when the liquid is claimed or solely disclosed as being edible. (See Lines With Related Process Classes, "Special Treating Classes" above).
215,	Bottles And Jars, for bottles and jars adapted to contain an edible.
217,	Wooden Receptacles, for receptacles made of wood adapted to contain an edible.
219,	Electric Heating, provides for processes of electrically heating a material. Class 426, provides for processes of electrically heating a material claimed or solely disclosed as being edible. (See Lines With Related Process Classes, "Special Treating Classes" above).
220,	Receptacles, for metal receptacles adapted to contain an edible and for all receptacles not elsewhere classified.
229,	Envelopes, Wrappers, and Paperboard Boxes, for paper receptacles adapted to contain an edible.
241,	Solid Material Comminution or Disintegration, provides (1) for comminuting of solid cereal materials or other seed or seed parts, per se; (2) for comminuting plus physical steps which facilitate the comminuting of the material of (1) above; or (3) for additional steps involving these materials combined with comminuting, such as (A) Separation or classification of the material into grades or sizes, including the recombining of separated ingredients of a single starting material; (B) Separation of fluids from the material involving no chemical change in the material, e.g., filtering, drying, etc.; (C) Heating or cooling the material; (D) Separating of comminuting aids from the material, which operation may involve dissolution or a chemical reaction. Class 426, provides for all processes in preparing, treating, or perfecting an edible seed or seed part not provided for in Class 241 and for all operations involving comminuting or disintegrating of any other edible material. (See Lines With Related Process Classes, "General Treating Classes" above).
260,	Chemistry of Carbon Compounds, Class 426: Provides for a Class 260 compound in admixture with a preservative when the mixture thus formed is claimed or solely disclosed as having a Class 426 utility. Provides for an extract solely disclosed or claimed as having a Class 426 utility and not provided for elsewhere. Provides for an essential oil composed of a plurality of constituents solely disclosed or claimed as having a Class 426 utility. Provides for compositions solely disclosed or claimed as having a Class 426 utility which are admixtures containing at least one Class 260 compound. Provides for a mixed product of reacted and unreacted components which is solely disclosed or claimed as having a Class 426 utility and which is produced by chemically reacting a Class 260 natural or single source product, which reaction only effects a reaction on certain of the components of the natural or single source product. Provides for a mixture which is solely disclosed or claimed as having a Class 426 utility and which is produced by removing a component from a Class 260 natural or single source product. Provides for a product which is solely disclosed or claimed as having a Class 426 utility and which is produced by first treating so as to separate a Class 260 natural or single source product into components and then reblended. Provides for plant extracts and essential oils, including those from a single source which usually are treated as compounds, which have traditionally been used as condiments, flavor enhancers, seasoning or flavoring; such as citrus oil, etc. (See "Lines With Related Compound Classes" above).
264,	Plastic and Nonmetallic Article Shaping or Treating: Processes, is the generic class for processes for molding, casting or shaping of nonmetallic materials. Class 264 provides for example, in subclass 4 for encapsulating normally liquid materials, subclasses 41+ for pore forming in situ, subclasses 73+ for random variegated coloring during molding, subclasses 109+ for forming articles by uniting randomly associated articles, subclasses 176+ for shaping by extrusion and in particular subclass 202 for protein shaping, and subclasses 239+ for mechanical shaping or molding to form or reform a shaped article. Class 426, provides for processes of the type classified in Class 264 when said processes are solely claimed or solely disclosed for the treatment of an edible material. (See Lines With Related Process Classes, "Special Treating Classes" above).
232,	Deposit and Collection Receptacles, see subclasses 41+ therein for milk receptacles.
376,	Induced Nuclear Reactions: Processes, Systems, and Elements, for processes of subjecting an edible to nuclear radiation by a nuclear reactor provided that more than just a mere reference to a nuclear reactor is claimed. Class 176 also provides for processes of irradiating an edible for the purpose of research or in preparing a specimen. Class 426, provides for a process of subjecting an edible to a nonstructurally defined radiation device. (See Lines With Related Process Classes, "General Treating Classes" above).
383,	Flexible Bags, appropriate subclasses for a flexible, nonedible bag of that class type.
422,	Chemical Apparatus and Process Disinfecting, Deodorizing, Preserving, or Sterilizing, is the generic class for process of disinfecting, preserving, deodorizing, or sterilizing. See Class 426, for claims or claimed disclosure limited to disinfecting, preserving, deodorizing, or sterilizing an edible material and not elsewhere specifically provided for. (See Lines With Related Process Classes, "Special Treating Classes" above).
422,	Chemical Apparatus and Process Disinfecting, Deodorizing, Preserving, or Sterilizing, provides for processes of performing a test or measurement on an edible involving chemical reaction. Class 426, provides for processes of performing a test or measurement on an edible combined with an additional operation for treating, preparing, or perfecting an edible, with the exception of an additional operation which is solely involved in perfecting the test or measurement. (See Lines With Related Process Classes, "General Treating Classes" above).
423,	Chemistry of Inorganic Compounds, for inorganic compounds and nonmetallic elements and to methods of preparation thereof, not elsewhere provided for. Class 423, provides for inorganic compounds or nonmetallic elements claimed as having a Class 426 utility, and see in particular subclass 265 therein for the line between Class 423 and Class 426 regarding a preservative agent in combination with a Class 423 material. Classes 532-570 provide for organic compounds and processes or preparing such compounds, not provided for elsewhere, including those claiming a 426 utility. Plant extracts and essential oils, as well as processes for preparing them, when claimed, disclosed or historically considered to have use as a food or flavoring agent are not provided for in the 532-570 Series of Classes; they are provided for in Class 426 even when derived from a single source. (See "Lines With Related Compound Classes" above).
424,	Drug, Bio-Affecting and Body Treating Compositions, provides: i. for an edible composition designed to be administered to an animal by a route which is other than the oral cavity; ii. for an edible composition which contain an additive in excess of the normal amount that is usually required of that additive so as to maintain the normal metabolism of the animal, e.g., vitamin, amino acid, etc.; iii. for compositions solely composed of vitamins with or without a carrier; iv. for a nonlaxative additive in combination with a natural edible which protects the ultimate consumer of the edible from deleterious effects which are the natural in sequence of consuming the edible, e.g., high cholesterol eggs, etc.; v. for a Class 426 composition containing an animal growth regulator or other anabolic agent. For purposes of classification an animal growth regulator or anabolic agent is defined to include the following illustrative causative effects: increase feed efficiency or weight gain; enhance color of eggs yolks, combs, skin, or legs of chickens; enhance the hatchability of eggs; vary the fat-protein ratio of texture or flesh; chemically caponize an animal; for an adjuvant or carrier composition, per se, solely disclosed or claimed as perfecting a Class 426 composition, e.g., flavor, sweetener, etc. Class 426 provides: a. for a composition or mere method for treating an abnormal metabolic condition of an animal by varying the nutritional ingredients, fat, carbohydrate, or protein, so as to meet the special nutritional needs of the abnormal metabolic condition, e.g., diabetes, etc.; b. for a mineral composition, per se; c. for a flavoring composition not elsewhere provided for which contains at least one noncarbohydrate type flavor ingredient; d. for a Class 426 edible preserved by the use of a Class 424 biocide; e. for a significant method of treating a Class 426 composition or product with a Class 424 biocide or preservative; f. for a Class 426 composition containing a live micro-organism so as to treat the intestinal tract of an animal, so that the Class 426 function will be perfected, e.g., bacillus acidophilus lacteal product, etc. (See "Lines With Related Composition Classes" above).
427,	Coating Processes, is the generic class for methods of coating in general. Class 426 takes coating or impregnating methods which prepare, treat, or preserve a material which is wholly or partially edible, e.g., fat coated, inedible base, etc. (See Lines With Related Process Classes, "Special Treating Classes" above).
428,	Stock Material and Miscellaneous Articles, subclasses 35+ for an inedible food casing having a closed end.
428,	Stock Material or Miscellaneous Articles, is the residual Class for a stock material product in the form of a single or plural layer web or sheet and for articles of manufacture for which no other classification exists. Class 426 provides for edible articles and for nonstructural laminates wherein one or more of the layers contains a Class 426 edible and wherein the product is designed for a Class 426 purpose. (see Lines With Product Classes, "General Article or Product Classes" above).
436,	Chemistry: Analytical and Immunological Testing, provides for processes of performing a test or measurement on an edible involving a chemical reaction. Class 426, provides for processes of performing a test or measurement on an edible combined with an additional operation for treating, preparing, or perfecting an edible, with the exception of an additional operation which is solely involved in perfecting the test or measurement. (See Lines With Related Process Classes, "General Treating Classes" above).
452,	Butchering, (General Treating Class) provides for: 1. Killing or dressing mammalian meat, fowl, and seafoods, (e.g., separating flesh and bone, removing hair or feathers, shelling skinning, deheading, trussing). 2. Stuffing and/or linking sausages 3. Encasing or casing removal 4. Cleaning intestines 5. Shirring casing both natural and artificial 6. Mechanical or manipulative or electrical tendering of meat. Class 426, provides for: 1. Any of the above operations when combined with an edible perfecting operation, e.g., cooking, canning, mixing with a diverse edible, etc. (See Lines With Related Process Classes, "General Treating Classes" above).
504,	Plant Protecting And Regulating Compositions, provides for compositions having a stimulating, inhibiting (herbicide) or regulating action on plant growth and methods of using such composition. Class 426 provides for treating plants which have been separated from their habitat so as to prepare or to perfect an edible, e.g., ripening of fruit, etc. Class 504 is superior to Class 426. (See hierarchy list in Lines With Related Composition Classes above).
512,	Perfume Compositions, subclasses 302+ for compositions in the form of a colloid, gel or emulsion; subclasses 186+ and 188+ for oxidative and reductive bleachants, respectively; subclasses 380+ for a preservative composition not elsewhere provided for, and for a preservative mixed with a compound claimed so broadly as not to afford a basis of classification; subclasses 1 through 27 for a perfume composition, per se.
520,	Synthetic Resins, or Natural Rubbers, appropriate subclasses, particularly Class 523, subclasses 100+ for a nonedible composition containing a synthetic resin or natural rubber and which is intended to come into contact with food or tobacco or to processes of preparing said composition. 426 provides for bleaching compositions specific for food; for edible compositions in the form of a gel, colloid, or emulsion; for preservatives which are edible; and for flavoring compositions not elsewhere classifiable.

SECTION IV - GLOSSARY

The meaning to be given to the various "Art" terms appearing in this class, but which have not been included in the glossary below, is the same as that generally accepted or in common usage.

ADDITIVE

Substance or a mixture of substances used primarily for purposes other than its nutritive value and added to a food in relatively small amounts to (1) impart or improve desirable properties (2) or suppress undesirable properties, and (3) may become a part of the food or be transitory in nature. (Compare ingredient below which in some instance may be an additive).

BASIC INGREDIENT

Principal constituent (except added water) of a composition considered to be the fundamental part and by which the composition is (usually) identified. Usually the basic ingredient constitutes the major portion of the composition, e.g., chocolate milk-milk is the basic ingredient. In those instances wherein a plurality of percentages of the ingredients are given that ingredient which constitutes 50 of the total composition (excluding added water) is considered to be the basic ingredient. The 50% may be determined by summing like ingredients, e.g., lactose, whey and butter fat are all lacteal derived.

CARBOHYDRATE

Compound, the monomeric units of which contain at least five carbon atoms, and their reaction products wherein the carbon skeleton of carbohydrate unit is not destroyed. Alcohols and acids corresponding to carbohydrates, such as, sorbitol ascorbic acid, or mannonic acid are not considered as being carbohydrates.

DRY

Products which are as a complete product free or relatively free from water and under normal ambient conditions involve such characteristics, but not necessarily each and every one, as free flowing, dry to the touch, nontacky or sticky, nonadhesive, granular, powder, tablet, flake, flour, meal, particulate, pellet, finely divided, etc.

FERMENT

Any enzyme or any living organism that is capable of causing or modifying a fermentation.

GENERAL TREATING CLASS

Class that includes the treatment of an edible, per se.

INGREDIENT

Component part (usually a major one) of mixture that goes to make a food. (Compare additive above which in some instance may be an ingredient).

ISOLATED TRIGLYCERIDIC FAT OR OIL

Fat or oil (as defined below) that is free of any of the plant or animal tissue from which it is derived.

PACKAGE

Mercantile combination of an edible material fully encased, encompassed, or completely surrounded by a solid material.

SPECIAL TREATING CLASS

Class that does not include the treatment of an edible, per se.

TISSUE

Material containing a certain amount of the original animal or plant as against an extract which is considered to be devoid of original cellular structure. Included within the term are materials which are chopped, cut, comminuted, pulverized, milled, slice, etc.

TRIGLYCERIDIC FAT OR OIL

Esters of glycerol and a higher fatty acid (i.e., a monocarboxylic acid containing an unbroken chain of at least 7 carbon atoms bonded to a carbonyl group) wherein the three available hydroxyl functions of the glycerol are esterified by a same or different fatty monocarboxylic acid. Triglycerides are the chief constituents of the naturally occurring fats and oils.

SUBCLASSES

[List of Patents for class 426 subclass 1]

BAIT, ATTRACTANT, OR PROCESS OF PREPARATION

This subclass is indented under the class definition. Subject matter involving a food or the preparation of a food, adapted or designed by either the ingredients comprising the product, or by some other means to attract an animal, either for the purpose of feeding the animal or for the purpose of capturing the animal so that it can be used as a food.

SEE OR SEARCH CLASS:

43,	Fishing, Trapping, and Vermin Destroying, for a fish lure or trapping material which is more than a food.
424,	Drug, Bio-Affecting and Body Treating Compositions, for baits or attractants which are not considered as animal foods and which are disclosed as having utility as an attractant or lure operating through one of the senses, usually smell or taste.

[List of Patents for class 426 subclass 2]

TREATMENT OF LIVE ANIMAL

This subclass is indented under the class definition. Processes involving the overt treatment of a live animal.

(1) Note. Examples of methods within this subclass are mere methods of feeding animals, killing an animal followed by a food working operation, injecting animals with a material which modifies the meat characteristic of the animal followed by a slaughtering operation, milking cows followed by a treatment of the milk.

SEE OR SEARCH THIS CLASS, SUBCLASS:

56+,	for processes of adding a proteolytic enzyme to a meat product.

SEE OR SEARCH CLASS:

119,	Animal Husbandry, subclass 212 for a crustacean-feeding method, subclass 230 for a fish-feeding method, and subclass 242 for a mollusk-feeding method.
424,	Drug, Bio-Affecting and Body Treating Compositions, for compositions for curing or preventing a disease in an animal and for a process of using such a composition, and for a composition for maintaining, increasing, decreasing, limiting or destroying a physiologic body function and to a method of using such a composition.
452,	Butchering, appropriate subclasses for butchering operations in general.

[List of Patents for class 426 subclass 3]

NORMALLY NONINGESTIBLE CHEWABLE MATERIAL OR PROCESS OF PREPARATION

This subclass is indented under the class definition. Products which are intended to be chewed and not ingested, or to methods of preparation of such products.

(1) Note. Although a substantial mass of the original material is usually ingested by solvating with the saliva of the mouth during chewing, a substantial amount of the original mass is nonsoluble and is usually ejected from the mouth for disposal rather than being swallowed.

(2) Note. Included herein are the nonsweetened or nonflavored chewing bases, per se.

[List of Patents for class 426 subclass 4]

Low-adhesive type

This subclass is indented under subclass 3. Subject matter wherein the chewing material is of a type which possesses a low-adhesive or low tacky quality.

(1) Note. The term low-adhesion or tackiness applies to materials within the mouth as well as to materials that possess these same qualities external to the mouth.

[List of Patents for class 426 subclass 5]

Packaged, structurally defined, or coated

This subclass is indented under subclass 3. Subject matter which is either packaged or which possesses a structural or identifiable shape retaining form.

(1) Note. Included herein are coated or impregnated materials, bonded or laminated layers, and products which have a recognizable structure, e.g., tube, ring, etc.

SEE OR SEARCH CLASS:

229,	Envelopes, Wrappers, and Paperboard Boxes, subclass 87.07 for chewing gum wrapper, per se.

6	Containing addition type polymer
	This subclass is indented under subclass 3. Subject matter therein at least one of the ingredients of the chewing base is a solid synthetic polymer which has been prepared through the polymerization of an ethylenic group of an unsaturated monomer.

[List of Patents for class 426 subclass 7]

FERMENTATION PROCESSES

This subclass is indented under the class definition. Processes wherein an enzyme is employed bio-chemically to prepare a food or to perfect a food.

(1) Note. The enzyme can be initially present, such as in autolysis or can be added.

(2) Note. The enzyme can be in any active state, e.g., as in a micro-organism or plant material.

(3) Note. Classification herein is on the basis of the first appearing material that is subjected to a fermentation reaction and is bio-chemically affected and not on the basis of the first appearing material, per se. For instance, the fermentation of a milk product and subsequent addition thereto of a cereal product is classifiable in the milk area which is lower down in the schedule hierarchy than is the cereal area. In the event that it is uncertain whether a fermentation reaction is occurring on a particular substrate classification in the first appearing area would be proper.

(4) Note. Classification herein is based on the process of fermenting a particular food substrate to result in a desired food product rather than on the basis of culturing a micro-organism or in the preparation of active enzyme materials which are to be used in later food fermenting operations.

(5) Note. Classification is proper herein if the claims are uncertain as to whether a fermentation reaction is occurring, but the specification discloses a fermentation reaction occurring within the bounds of the claimed process limitations. An example of such a situation is in the failure of many patent claims to recite the use of yeast in dough working operation, while the disclosure recites yeast as being an inherent part of the dough manufacturing operation.

SEE OR SEARCH CLASS:

47,	Plant Husbandry, for processes or apparatus for cultivating or culturing mushrooms, for sprouting or germinating seeds for planting or testing the sprouted or germinating power of seeds; articles or compositions that include seeds and either bacteria or other ferments, and processes of making such articles or compositions; processes of cultivating or culturing seed plants or other nonfungal plants that include fermentation.
210,	Liquid Purification or Separation, subclasses 2+ for processes of treating impure liquids by a living organism, e.g., bacteriological digestion of sewage, etc.
424,	Drug, Bio-Affecting and Body Treating Compositions, particularly subclasses 50 , 93.1+ and 94 for a drug, bio-affecting or body treating composition containing an active enzyme, bacteria or other ferment.
435,	Chemistry: Molecular Biology and Microbiology, appropriate subclass, for processes that include food fermentation but are not claimed as peculiar thereto are in this class (435). Culturing or propagating methods, per se, even though peculiar to food micro-organisms are also in this class (435). Single enzyme systems are in class (435) while mixed organisms and mixed enzyme systems peculiar to food are in Class 426.

[List of Patents for class 426 subclass 8]

In package

This subclass is indented under subclass 7. Subject matter which involves a food material and packaging the material for the overt purpose of carrying out a bio-chemical change of the food in the package or in preventing a bio-chemical change in the food while in the package.

(1) Note. Consumption of oxygen in a packaged food by a living organism is included in this subclass.

(2) Note. This subclass includes alcoholic fermentation in a mercantile container such as in the preparation of sparkling wines.

(3) Note. The package itself must be of the mercantile type. Fermentation in closed containers wherein the product is improved and then repacked into commercial packages is not the type of fermentation reaction intended to be placed herein. See subclasses 392+ for a discussion of packaging and the scope of what is considered to be packaging.

(4) Note. To be placed herein there must be an intent to have fermentation in the package. However, the operative may include opening of the package subsequent to fermentation with the removal of unwanted contents and subsequent closure as well as sealing of foods in closed containers which have vent holes which must be closed after the fermentation reaction in order to complete a final mercantile package structure.

SEE OR SEARCH THIS CLASS, SUBCLASS:

12,	for the addition of a chill-proofing enzyme to an alcoholic beverage with subsequent bottling of the beverage after a fermentation reaction.

SEE OR SEARCH CLASS:

435,	Chemistry: Molecular Biology and Microbiology, subclasses 243+ for packages containing living fungi.

9	In presence of biocide or biostat
	This subclass is indented under subclass 7. Subject matter involving the fermentation of a material in the presence of an added functional biocide or biostat.

[List of Patents for class 426 subclass 10]

With glucose oxidase

This subclass is indented under subclass 7. Processes involving fermentation employing an enzyme capable of oxidizing glucose to gluconic acid and known generically as glucose oxidase.

(1) Note. Deoxygenating of a glucose containing product employing a live micro-organism rather than an enzyme composition is to be found elsewhere in this class depending on the substrate employed.

[List of Patents for class 426 subclass 11]

Alcoholic beverage production or treatment to result in alcoholic beverage

This subclass is indented under subclass 7. Processes involving the fermentation of a substrate to yield an ethyl alcohol containing beverage or the fermentative treatment of a prepared alcoholic beverage wherein the final product is consumable in beverage form and still contains a portion of ethyl alcohol.

(1) Note. Unless otherwise noted a dealcoholized substrate will be presumed to be partially devoid of its original alcohol content rather than being completely devoid of alcohol and will be proper herein.

SEE OR SEARCH CLASS:

435,	Chemistry: Molecular Biology and Microbiology, subclasses 93 , 98-105, for the fermentation of carbohydrates.

[List of Patents for class 426 subclass 12]

Addition of enzyme containing material to alcohol containing beverage to stabilize, purify, or prevent turbidity formation

This subclass is indented under subclass 11. Processes involving the addition of an enzyme or enzyme active material to an alcohol containing beverage to stabilize, purify, or prevent turbidity formation.

SEE OR SEARCH THIS CLASS, SUBCLASS:

13,	for the addition of an enzyme or a bio-active material to a malt wort followed by a subsequent alcoholic fermentation or to a recited ongoing alcoholic producing fermentation.

[List of Patents for class 426 subclass 13]

Multiple different fermentations

This subclass is indented under subclass 11. Processes involving the fermentation of a substrate by two or more different enzymes from different sources, or two or more different micro-organisms functioning either simultaneously or sequentially.

(1) Note. Malting followed by an alcoholic fermentation is considered proper subject matter for this subclass.

SEE OR SEARCH THIS CLASS, SUBCLASS:

29,	for the fermentation of a cereal product with malt as in the preparation of a malt wort.

SEE OR SEARCH CLASS:

435,	Chemistry: Molecular Biology and Microbiology, subclass 93 for processes that include diastatic mashing by malt or other means.

[List of Patents for class 426 subclass 14]

Including removal of alcohol from fermented substrate or fermentation of de-alcoholized substrate

This subclass is indented under subclass 11. Processes involving an alcoholic fermentation followed by the removal of the alcohol, either by distillation or otherwise; or the fermentative treatment of a reduced alcohol or dealcoholized containing stock wherein the final product still contains some alcohol.

(1) Note. Unless otherwise noted a dealcoholized substrate will be presumed to be partially devoid of its original alcohol content rather than being completely devoid of alcohol.

SEE OR SEARCH THIS CLASS, SUBCLASS:

17,	for a process of reducing alcohol concentration by converting the alcohol containing stock into vinegar utilizing an enzyme or bio-active containing material.
493+,	for processes of distilling an alcoholic containing stock.

[List of Patents for class 426 subclass 15]

Of fruit or fruit material

This subclass is indented under subclass 11. Processes wherein the substrate to be fermented is a fruit or fruit derived material.

(1) Note. Wine, per se, will be considered as being derived from a fruit material.

[List of Patents for class 426 subclass 16]

Of malt wort

This subclass is indented under subclass 11. Processes involving the use of malt wort as the substrate.

(1) Note. Included herein but not limited as examples of products which are produced by malt wort fermentation are beer, lager, ale, stout and porter.

SEE OR SEARCH THIS CLASS, SUBCLASS:

13,	for preparing a malt wort followed by an alcoholic fermentation.
28+,	for the preparation of a beverage, beverage mash or beverage wort.