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 [Search a list of Patent Appplications for class 435]   CLASS 435,CHEMISTRY: MOLECULAR BIOLOGY AND MICROBIOLOGY
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SECTION I - CLASS DEFINITION

STATEMENT OF CLASS SUBJECT MATTER

This class provides for the following subject matter when not provided for elsewhere:

A. A process of using a microorganism or enzyme to synthesize a chemical product.

B. A process of treating a material with a microorganism or enzyme to separate, liberate, or purify a preexisting substance.

C. An in vitro process of measuring and testing in which: (1) A microorganism or enzyme is used to determine the presence or identity of a compound or composition in a sample; (2) A microorganism is identified by propagation; (3) An enzyme is identified by its catalytic activity; (4) The presence of microorganisms is detected; (5) A live microorganism is used in an antigen antibody test as an antigen; (6) Fixed or stabilized nonliving microorganisms, cells, or tissues are involved.

D. A process of propagating a microorganism.

E. A process in which the genetic structure of a microorganism or extrachromosomal genetic structure is altered.

F. A process of organ or tissue maintenance.

G.A process of mashing or malting.

H. Apparatus claimed or solely disclosed as for A-G.

I. Microorganisms, per se, or the subcellular parts thereof.

J. Enzymes, immobilized enzymes or enzyme containing compositions not otherwise provided for and the processes for purifying enzymes or forming immobilized enzymes.

K. Compositions claimed or solely disclosed as for the propagation of microorganisms or for measuring and testing processes in C above.

L. Using microorganisms to destroy hazardous or toxic waste.

CLASSIFICATION GUIDELINES FOR THIS CLASS

APPARATUS

This class takes only apparatus claimed or solely disclosed as for fermentation or enzymology, organ, and tissue maintenance or genetic engineering not otherwise provided for. Apparatus by name only which is claimed as a collection of compounds or compositions in a kit without structure is classified as described below in Lines With Other Classes and Within This Class.

COMPOSITIONS

In general, this class will not provide for compositions other than an immobilized or insolubilized enzyme or a test or culture media.

COMPOUNDS

In general, this class does not provide for compounds other than an immobilized or insolubilized enzyme or an enzyme, per se. Production of metal or ammonium salts of a compound are classified with the production of that compound.

AMINO ACID RESIDUES

If upon hydrolysis of an unidentified product the only residues are amino acids, it should be presumed that the product is a protein or peptide. If other organic moieties are present after hydrolysis of the product then placement should be made upon the basis of the presence of such structure in the product.

PRESUMPTION

In the absence of a clearly claimed step of killing or inactivating a microorganism in an antigen-antibody test the microorganism should be treated as a living antigen.

SECTION II - LINES WITH OTHER CLASSES AND WITHIN THIS CLASS

See References to Other Classes, below, for lines with classes providing for the use of a microorganism, an enzyme and the apparatus therefor and the composition classes providing for the products of a microorganism or enzyme and for lines with other related classes.

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.

SECTION III - SUBCLASS REFERENCES TO THE CURRENT CLASS

SEE OR SEARCH THIS CLASS, SUBCLASS:

4+,Apparatus by name only which is claimed as a collection of compounds or compositions in a kit without structure is classified on the basis of the compositions into the subclasses 4+ area.
84+,and indented subclasses 95, 96, 98, and 99 for compounds produced by hydrolysis of larger structures with subclasses
94,reserved for the enzymatic interconversion of isomers.
97,100 - 105 provide for building up from smaller saccharide units.

SECTION IV - REFERENCES TO OTHER CLASSES

SEE OR SEARCH CLASS:

8, Bleaching and Dyeing; Fluid Treatment and Chemical Modification of Textiles and Fibers,   provides for processes of (a) dyeing employing a microorganism or enzyme (b) treating hides or skins by use of a microorganism or enzyme with subsequent tanning of the hides or skins or subsequent operations that are preliminary and peculiar to tanning of hides or skins or peculiar to making leather.
  • Class 435 provides for a process of using an enzyme or microorganism to treat a hide or skin particularly depilating or bating as well as treating feathers or animal tissue with a microorganism or enzyme not otherwise provided for.
8, Bleaching and Dyeing; Fluid Treatment and Chemical Modification of Textiles and Fibers,   provides for compositions for dyeing materials of any kind which may contain a microorganism or enzyme.
15, Brushing, Scrubbing, and General Cleaning,   provides for dust cloths, mops, or other cleaning devices which include detergents which may contain enzymes.
34, Drying and Gas or Vapor Contact With Solids,   provides for processes and apparatus for drying of a solid which may include a microorganism enzyme or media composition.
  • Class 435 provides for processes of culture or propagation of microorganisms including the production of enzymes and media and provides for the combination of culture or production with drying or another Class 34 operation.
48, Gas: Heating and Illuminating,   for gaseous compositions for heating or illuminating by combustion which may be the result of a process using a microorganism or enzyme.
47, Plant Husbandry,   which provides for mushrooms or processes of or apparatus for cultivating or culturing mushrooms; sprouting or germinating seeds for planting, or testing the sprouting or germinating power of seeds; articles or compositions that include seeds and either a microorganism or enzyme and process of making such articles or compositions; processes of cultivating or culturing seed plants, or other nonfungal plants that include the use of a microorganism or enzyme, articles, compositions, or apparatus, for use in the above processes, or in making articles or compositions, that include seeds and microorganism or enzymes or processes of making articles or compositions for use in the above noted processes.
  • Class 435 provides for materials that contain germinated seeds, for processes that include germinating seeds or for apparatus for use therein, e.g., malting grain and malting apparatus, etc., as well as processes involving propagation of unicellular algae or undifferentiated plant cells where there is no plant propagation and for the extraction of enzymes from plants or plant products. Class 435 also provides for the production of starter culture for mushrooms or for the propagation of undifferentiated plant cells as well as the culture of unicellular algae.
48, Gas: Heating and Illuminating,   for fuel gas compositions when the processes of making such compositions involve a microorganism; processes of producing fuel gas compositions that include a microorganism; articles, compositions, or apparatus, for uses in such processes; or processes of making such articles or compositions for such uses.
  • Class 435 provides for the production or purification of a gas by the use of microorganisms or enzymes if such process is not ancillary to the production of fertilizer or a Class 210 liquid purification by living organisms or directed to the production of a fuel gas by living organisms.
62, Refrigeration,   for processes or apparatus for preserving an organ, microorganism, or enzyme by the removal of heat and the cooled or frozen product resulting. The process may involve the use of a composition to eliminate or minimize cooling or freezing damage, e.g., sperm preservation, etc.
  • Class 435 provides for methods and apparatus of maintaining the viability of an animal organ tissue including blood and sperm or cells as well as the process and apparatus for the treatment or propagation of animal cells or tissue.
71, Chemistry: Fertilizers,   provides for processes of producing a composition or article having utility as a fertilizer by use of a microorganism or enzyme as well as the composition containing a microorganism or enzyme.
  • Class 435 provides for the production of microorganisms having utility for fertilizer production and microorganism containing starter compositions useful in a Class 71 process.
73, Measuring and Testing,   provides for processes and apparatus for determining the physical properties of the product of fermentation or enzymology and include process and apparatus for measuring the rate of sedimentation of elements in blood.
75, Specialized Metallurgical Processes, Compositions for Use Therein, Consolidated Metal Powder Compositions, and Loose Metal Particulate Mixtures,   provides for processes and compositions containing a microorganism or enzyme for use in processes of obtaining free metals from metal compounds or ores. Class 75, in particular, provides for processes of hydrometallurgy processes of beneficiating ores or recovery of elemental metal from waste in which a microorganism or enzyme is used when the reduction to elemental metal is claimed.
  • Class 435 provides for the process of producing a microorganism or enzyme useful in ore treating and for processes of cultivating microorganisms on sulfur containing media.
99, Foods and Beverages: Apparatus,   for apparatus adapted for the preparation of a beverage or beverage intermediate by carrying out primary ethyl alcoholic fermentations and apparatus for the aging, refining, and purification of alcoholic beverages.
  • Class 435 provides for apparatus claimed or solely disclosed as used for propagating a microorganism or for use of an enzyme.
106, Compositions: Coating or Plastic,   provides for processes which use an enzyme or microorganism to produce a coating or plastic composition.
  • Class 435 provides for the use of a microorganism or enzyme to produce a product which may be a composition not otherwise provided for.
127, Sugar, Starch, and Carbohydrates,   provides for the hydrolysis of carbohydrates including their conversion to sugar by chemical means or process using an enzyme or microorganism only where the hydrolysis by microorganism or enzyme is followed by steps of concentration purification or treatment (such as crystallization) to make a sugar or syrup. Additionally, Class 127 provides for the products of such processes.
  • Class 435 provides for hydrolysis of a carbohydrate by a microorganism or enzyme when not followed by steps of concentration, purification, or treatment to make a sugar or syrup. Class 435 also provides for hydrolysis by any method when followed by treatment with a microorganism or enzyme to produce alcohol.
128, Surgery,   appropriate subclasses provide for methods of blood transfusion and insemination by artificial means as well as for methods of treatment of the living body or a test which involves contact with a body and apparatus used in the inspection and treatment of diseases of the bodies of men and animals which apparatus is provided with means for connection to the living body.
  • Class 435 provides for the maintenance of blood or sperm and viable tissue and virus cultures and the media for such processes.
131, Tobacco,   for tobacco-containing articles, or compositions, or articles or compositions when tobacco is used in the making thereof, when the processes of making such articles or compositions involve the use of a microorganism or enzyme; processes of making such articles or compositions, or treating tobacco, that include the use of a microorganism or enzyme; or articles, compositions, or apparatus, for uses in such processes, or processes of making the latter articles or compositions for uses in above noted processes.
  • Class 435 provides for processes of growing a microorganism or using an enzyme the media for which may comprise plant material.
137, Fluid Handling,   is the residual place for processes, systems, combinations, and subcombinations for fluid material handling. Lines With Other Classes and Within This Class, Automatic Contro, in the class definition of Class 137 provide a guide to the automatic control provided for therein.
  • Class 435 will provide for condition responsive control of a process with a step of microbial growth or enzymology and for condition responsive control apparatus when claimed or solely disclosed as involving a microorganism or enzyme.
159, Concentrating Evaporators,   provides for the concentration of solids held in solution or suspension by evaporation of liquid and the recovery of a concentrate or a dry solid which include the treatment of a feed stream to or the treatment of a product of a microorganism or enzyme.
  • Class 435 is superior to Class 159 and will provide for the concentration of a solid by the evaporation of liquid when combined with process or apparatus involving a microorganism or enzyme.
162, Paper Making and Fiber Liberation,   provides for processes and apparatus which includes use of a microorganism or enzyme when combined with a step peculiar to Class 162 as well as the use of a microorganism or enzyme as a component of a paper or fiber pulp.
  • Class 435 provides for fiber paper pulping and textile treatment by a microorganism or enzyme, per se. For an exhaustive listing of fiber treatment classes, see the notes immediately following the class definition of Class 162.
166, Wells,   provides for processes and apparatus for treating oil or an oil bearing mineral with a microorganism or enzyme while in the ground.
204, Chemistry: Electrical and Wave Energy,   provides for processes and apparatus involving electrical or wave energy. Class 204 provides for electrophoretic or electro-osmotic separation and purification of a compound or element and for other electrical separation or purification of a liquid when not provided for elsewhere, for the use of electrophoretic or electro-osmotic techniques to immobilize a compound or element where not provided for elsewhere, and for processes for use of an electrode containing a microorganism or enzyme for measuring or testing.
  • Class 435 provides for processes and apparatus for measuring or testing in which a microorganism is cultured or an enzyme functions catalytically when a nonelectrical or nonwave energy property is measured, or when an electrical or wave energy property is measured separate and apart, but in combination with Class 435 subject matter; and for processes and apparatus for electrical or wave energy treatment of microorganisms or enzymes when the treatment is solely disclosed for use with viable microorganisms or catalytically active enzymes.
205, Electrolysis: Processes, Compositions Used Therein, and Methods of Preparing the Compositions,   appropriate subclasses for processes of measuring and testing in which the activity of a microorganism or enzyme is measured by change in electrolytic action, for electrolytic separation and purification of a compound or element when not provided for elsewhere, for the use of electrolytic techniques to immobilize a compound or element where not provided for elsewhere, and for processes of use of an electrode containing a microorganism or enzyme for measuring or testing.
  • Class 435 provides for processes and apparatus for measuring or testing in which a microorganism is cultured or an enzyme functions catalytically when a nonelectrolytic property is measured, or when an electrolytic property is measured separate and apart, but in combination with Class 435 subject matter; and for processes and apparatus for electrical or wave energy treatment of microorganisms or enzymes when the treatment is solely disclosed for use with viable microorganisms or catalytically active enzymes.
210, Liquid Purification or Separation,   provides for processes of treating impure liquids by processes including a microorganism, e.g., bacteriological digestion of sewage including the use of an immobilized microorganism and the apparatus for such processes, as well as methods of physical separation of microorganisms and viruses from liquid media.
  • Class 435, provides for the growth of a microorganism on a liquid media and the apparatus therefor as well as providing for process utilizing an immobilized microorganism, per se.
241, Solid Material Comminution or Disintegration,   provides for processes and apparatus for the comminution or disintegration of solids which includes the comminution of the feed material to or the product of a microorganism or enzyme.
  • Class 435, provides for the combination of comminution or disintegration with a process or apparatus for microorganism use or enzymology.
250, Radiant Energy,   provides for all methods and apparatus for using, generating, controlling, or detecting radiant energy including radioactivity not elsewhere provided for. Class 250 provides a comprehensive guide in References to Other Classes for classes providing for similar subject matter.
  • Class 435, provides for the use of radiant energy to alter the genetic structure of a microorganism as part of a measuring and testing process or in combination with microbial growth or enzymology.
260, Chemistry of Carbon Compounds,   provides for the synthesis and liberation and purification by chemical or physical means of compounds and extracts falling within the class definition of Class 260 where such processes do not include a step of treatment by a microorganism or enzyme. Processes of making chemical compounds that include the use of a microorganism or enzyme are controlling for classification over other processes of making chemical compounds.
  • Class 435, provides for a process of synthesis or liberation, separation, or purification of a compound utilizing a microorganism or enzyme, per se. Class 435, provides for an enzyme, per se, and the process of recovering the enzyme from a natural source or immobilizing or insolubilizing an enzyme. Class 435, provides for a process utilizing a microorganism or enzyme combined with a physical separation or purification. Class 435, will provide for preliminary chemical treatment to produce a starting material which is subjected to the action of a microorganism or enzyme or a chemical reaction simultaneously with or subsequent to the action of a microorganism or enzyme which perfects or improves the action of the microorganism or enzyme.
260, Chemistry of Carbon Compounds,   provides for organic compounds, per se, and methods of synthesizing them by means other than a microorganism or enzymes.
366, Agitating,   provides for apparatus and processes restricted to causing fluid or particulate material to move irregularly and commingle.
  • Class 435, provides for apparatus with agitators claimed or solely disclosed as useful for microorganism propagation or enzymology and for processes of microorganism propagation or enzymology which may include an agitation step.
423, Chemistry of Inorganic Compounds,   provides for processes of purification of fermentation off gas by chemical means as well as the recovery of metal values by means other than microorganisms or enzymes.
  • Class 435, provides for processes of synthesis of organic or inorganic compounds involving a microorganism or enzyme.
424, Drug, Bio-Affecting and Body Treating Compositions,   for: compositions (A) for preventing, alleviating, treating, or curing abnormal and pathological conditions of the living body, for maintaining, increasing, decreasing, limiting, or destroying a physiologic body function, for diagnosing a physiological condition or state by an in vivo test, for controlling or protecting an environment or living body by attracting, disabling, inhibiting, killing, modifying, repelling, or retarding an animal or microorganism, (B) for deodorizing, protecting, adorning, or grooming a body, (C) for fermentates and extracts for use in A or B and not elsewhere provided for, and (D) such compositions defined in terms of specific structure; methods of making the above compositions; methods of using the class defined compositions for purposes in A and B; and methods of using compounds, per se, for purposes in A and B; subclasses 85.1+ for a lymphokine composition; subclasses 130.1+ for a bioaffecting or body-treating composition of an immunoglobulin, antiserum, antibody, or antibody fragment and for methods of immunizing to produce antibodies for recovery, which antibodies are characterized as being useful as bioaffecting or body-treating agents (e.g., to provide passive immunity); subclasses 184.1+ for a bio-affecting or body-treating composition comprising an antigen, an epitope, or another immunospecific immunoeffector, such as an immunospecific vaccine, an immunospecific stimulator of cell-mediated immunity, an immunospecific tolerogen, or an immunospecific immunosuppressor, and for methods of immunizing to produce protective immunity in vivo (i.e., for vaccination purposes); subclasses 93.1+ for a composition including whole live microorganism or virus; and subclass 94 for a composition containing an enzyme or co-enzyme.
  • Class 435, provides for a process of propagating a microorganism or using an enzyme to produce a drug or bio-affecting composition. Class 435 provides for virus culture and attenuation, for the virus or microorganism, per se, and their culture and propagation and for in vitro diagnostic tests involving a microorganism or enzyme and antigen antibody tests which involve a living microorganism or use of an enzyme label.
426, Food or Edible Material: Processes, Compositions, and Products,   provides for fermentation processes that are solely disclosed or claimed as 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 especially subclasses 11+ for alcoholic beverages, or other beverages, milk or other alimentary articles or compositions, when the beverage or other alimentary articles contain bacteria or enzymes; processes of making the same which include microorganisms or enzymes. Processes of autolysis or microbial or enzymic destruction of yeasts or other living organisms are in Class 435, subclasses 262+, but processes of preparing foods including such autolysis are in Class 426. Processes of making vinegar by methods including use of a microorganism or enzyme are in Class 426.
  • Class 435, provides for processes and apparatus of production of nonpotable ethanol and acetic acid and for processes and apparatus for diastatic mashing as well as fermentation other than primary fermentations. Class 435 also provides for compositions and processes of producing a microorganism containing starter culture useful in the production of an edible product. Class 435, will provide for production of protein from a single source by fermentation or enzymology even if the product is claimed as having a Class 426 utility. For an elaboration of the line regarding the placement of yeast patents, see (1) Note in subclass 255 of this class.
427, Coating Processes,   provides for significant coating or impregnating processes when not involving subject matter proper for Class 435.
  • Class 435 provides for processes having a significant or nonsignificant coating (or impregnating) step and otherwise proper for the class.
429, Chemistry: Electrical Current Producing Apparatus, Product, and Process,   provides for a current producing device having a microorganism as an integral part and the process of operating the device and a process involving the device.
  • Class 435, provides for processes of producing microorganisms in bulk, i.e., propagation of microorganisms. Class 435, Chemistry: Molecular Biology and Microbiology, provides for a photo imaging process in which an enzyme whose activity is altered upon exposure to light is used and the material therefor.
436, Chemistry: Analytical and Immunological Testing,   provides for a measurement or test in which an enzyme reacts chemically, i.e., noncatalytically and antigen antibody tests for the identification of chemical species that are nondiagnostic and do not involve a living antigen.
  • Class 435, provides for a test or measurement involving a microorganism or enzyme which functions catalytically as well as antigen antibody tests involving a living microorganism.
(1) Note. The burden of showing an enzyme is functioning noncatalytically is on Class 436, i.e., the presumption, as between Class 435 and Class 436, is that an enzyme in a test functions catalytically until rebutted.
436, Chemistry: Analytical and Immunological Testing,   provides for testing compositions (a) which contain an enzyme if the enzyme participates in a chemical reaction in a noncatalytic manner; and (b) which are of use in an antigen-antibody test and do not involve a microorganism or enzyme and are not diagnostic.
  • Class 435 provides for in vitro testing by or for a microorganism or enzyme or tests involving the propagation of a microorganism or catalytic use of an enzyme. Class 435 provides for antigen-antibody tests wherein a living antigen, i.e., a microorganism is involved or an enzyme label is present. Class 435, provides for processes and apparatus and material for measuring and testing blood which involve the propagation of a microorganism or catalytic functioning of an enzyme.
(1) Note. The burden of showing an enzyme is functioning noncatalytically is on Class 436, i.e., the presumption, as between Class 435 and Class 436, is that an enzyme in a testing composition functions catalytically until rebutted.
504, Plant Protecting and Regulating Compositions,   provides for processes of producing a composition or article having plant stimulating or eradicating utility by using a microorganism or enzyme as well as the composition containing a microorganism or enzyme.
  • Class 435, provides for the production of microorganisms having utility for plant growth regulator production and microorganism containing starter compositions useful in a Class 504 process.
Class 510, Cleaning Compositions for Solid Surfaces, Auxiliary Compositions Therefor, or Processes of Preparing the Compositions, provides for detergent compositions containing enzymes.Class 435, provides for process of production of enzymes and enzymes, per se, and enzyme compositions not otherwise provided for.Class 516, Colloid Systems and Wetting Agents; Subcombinations Thereof; Processes of Making, Stabilizing, Breaking, or Inhibiting, subclasses 113+ for compositions for or subcombination compositions for or breaking of or inhibiting of colloid systems (e.g., foam breaking, emulsion breaking, dispersion inhibiting, suspension settling, gel breaking, smoke suppressing, coagulating, flocculating), when generically claimed or when there is no hierarchically superior provision in the USPC for the specifically claimed art. Nominal recitation of a Class 435 process (e.g., fermentation or fermentation step) combined with a process otherwise classifiable in Class 516 is proper for Class 516, while recitation of a significant Class 435 step combined with a step or composition otherwise classifiable in Class 516 is proper for Class 435 with a discretionary cross-reference to Class 516.Class 435, provides for processes of making chemical compounds which involve micro-organisms or enzymes, other processes relating to cell, organ, or tissue growth or maintenance, compositions for use in such processes, in vitro processes of testing or measuring, certain apparatus for class provided for processes.
506, Combinatorial Chemistry Technology: Method, Library, Apparatus,   for a chemical or biological library, a process of creating said library, a process of testing involving said library, or an apparatus specially adapted for creating or testing involving said library.
588, Hazardous or Toxic Waste Destruction or Containment,   provides for the storage to contain pathogenic organisms, e.g., virus, bacteria and medical waste, see subclass 258 .

SECTION V - GLOSSARY

ACTIVITY

Rate of metabolic or anabolic action, speed or efficiency. Mere suppression of competing strains is not viewed as increasing the activity.

BIOCHEMICAL

By means of a bacteria, yeast, animal or plant cell, or virus, or the parts thereof.

CONDENSED

Bridged or fused.

DERIVATIVE

For purposes of this class derivatives included with the production of a named compound are only the inorganic anion or inorganic cation salts thereof, e.g., metal, ammonium, halogen, carbonate, etc.

DIASTACE

For purposes of this class classified as an amylase.

FERMENTATION

The use of a microorganism or enzyme to carry a molecular transformation.

HAZARDOUS WASTE

Material that when present in the environment produces for man and other living organisms a dangerous, risky, or perilous environmental situation in so for as the physiological well being of the organism is concerned (e.g., all caustic chemicals, irritants, cancer causing agents, and other tumor producing materials).

HETERO

Containing only O, N, S, Se, or Te in addition to carbon in a ring.

MEDIA

Material which supports or sustains growth of microorganisms which material may contain substances which will not support or may inhibit the growth of selected microorganisms.

MICROORGANISM

For purposes of this class, bacteria, actinomycetales, cyanobacteria (unicellular algae), fungi, protozoa, animal cells or plant cells or virus.

NUCLEIC ACID

A polynucleotide or more than two nucleotides.

TEST MEDIA

Distinguished from (propagation) media by the presence of an indicator, e.g., chromophore, etc.

TOXIC WASTE

Materials that are direct physiological poisons to living organisms (e.g., pesticides, heavy metal ion solutions, and other materials that are poisonous to life.

SUBCLASSES

[List of Patents for class 435 subclass 1.1]    1.1DIFFERENTIATED TISSUE OR ORGAN OTHER THAN BLOOD, PER SE, OR DIFFERENTIATED TISSUE OR ORGAN MAINTAINING; COMPOSITION THEREFOR:
 This subclass is indented under the class definition.  Processes or compositions for the maintenance of a differentiated tissue or organ, or the differentiated tissue or organ, per se.
(1) Note. Maintenance includes keeping an organ under conditions in which it produces a product (e.g., hormone, etc.) which is later recovered.
(2) Note. Tissue is presumed to be undifferentiated in the absence of a clear showing to the contrary. The fact that a tissue continues to produce hormones, etc., is to be taken as an indication that the tissue retains its differentiation.
(3) Note. For a process to be classified in this subclass, the organ must be maintained in a viable state (e.g., in a nutrient or life sustaining media) and the tissue must contain an integral membrane. Thus, the preservation of blood plasma provided for in subclass 2 is excluded from this subclass.

SEE OR SEARCH THIS CLASS, SUBCLASS:

235.1+,for virus culture and treatment.
325+,for animal cells, per se, and compositions thereof; processes of propagating, maintaining, preserving, isolating, etc. animal cells or compositions; culture media therefore.

SEE OR SEARCH CLASS:

34, Drying and Gas or Vapor Contact With Solids,   for methods of preserving by freeze drying.
62, Refrigeration,   for methods of cooling.
623, Prosthesis (i.e., Artificial Body Members), Parts Thereof, or Aids and Accessories Therefor,   appropriate subclasses for implantable living glands encapsulated in a porous membrane.
  
[List of Patents for class 435 subclass 1.2]    1.2Including perfusion; composition therefor:
 This subclass is indented under subclass 1.1.  Processes for the maintenance of differentiated tissue or organs by continuously perfusing with a fluid, or compositions useful in such processes.

SEE OR SEARCH THIS CLASS, SUBCLASS:

284.1,for differentiated tissue (e.g., organ) perfusion or preservation apparatus.
  
[List of Patents for class 435 subclass 1.3]    1.3Including freezing; composition therefor:
 This subclass is indented under subclass 1.1.  Processes for the maintenance of differentiated tissue or organs by freezing, or compositions useful in such processes
  
[List of Patents for class 435 subclass 2]    2MAINTAINING BLOOD OR SPERM IN A PHYSIOLOGICALLY ACTIVE STATE OR COMPOSITIONS THEREOF OR THEREFOR OR METHODS OF IN VITRO BLOOD CELL SEPARATION OR TREATMENT:
 This subclass is indented under the class definition.  Processes or compositions for the maintenance of blood or sperm in a physiologically active state or for the in vitro separation or treatment of blood cells.
(1) Note. This subclass includes methods for preserving the viability of sperm by chemical means.
(2) Note. This subclass provides for compositions for artificial insemination.

SEE OR SEARCH THIS CLASS, SUBCLASS:

235.1+,where the tissue or cell culture is concomitant with virus propagation.
243+,for culture media for propagating microorganism.

SEE OR SEARCH CLASS:

62, Refrigeration,   for methods of maintaining the viability of living tissue and cells including sperm under refrigeration or in a frozen state. These processes may include the addition of chemical agents to prevent or minimize cellular damage from the refrigeration.
128, Surgery,   appropriate subclasses for a method of blood transfusion or artificial insemination.
424, Drug, Bio-Affecting and Body Treating Compositions,   subclasses 184.1+ for therapeutic compositions containing a living cell which functions as an antigen; and subclass 529 for therapeutic compositions containing viable blood cells and a therapeutically active ingredient. See subclass 1.17 for compositions comprising a radiolabeled cell or sub-cellular structure, including red blood cells, intended for class defined uses such as in vivo diagnosing (e.g., imaging), methods of making such compositions, and nominal methods of using such compositions.
  
[List of Patents for class 435 subclass 3]    3CONDITION RESPONSIVE CONTROL PROCESS:
 This subclass is indented under the class definition.  Process in which a process parameter is measured and that or another process parameter is varied responsive to such measurement.
(1) Note. The measurement should be by a nonsubjective means, i.e., mere observation by an operator is not sufficient to constitute measurement for purposes of this subclass.

SEE OR SEARCH THIS CLASS, SUBCLASS:

289,and 290, for condition or time responsive control apparatus.

SEE OR SEARCH CLASS:

700, Data Processing: Generic Control Systems or Specific Applications,   subclasses 266 through 274for chemical process control or monitoring system.
702, Data Processing: Measuring, Calibrating, or Testing,   subclasses 19+ for data processing in biological or biochemical applications, and subclasses 22+ for chemical analysis data processing.
  
[List of Patents for class 435 subclass 4]    4Measuring or testing process involving enzymes or microorganisms; composition or test strip therefore; processes of forming such composition or test strip:
 This subclass is indented under the class definition.  Processes in which there is a direct or indirect qualitative or quantitative measurement or test of a material which contains an enzyme or microorganism or processes in which a material containing an enzyme or microorganism is used to perform a qualitative or quantitative measurement or test and compositions therefor and the processes of making such compositions.
(1) Note. "Involving" in this and the indented subclasses includes (a) the use of a known microorganism or enzyme to detect or identify a chemical compound or composition, (b) the use of a chemical compound or composition to detect or identify a microorganism or enzyme, (c) a composition containing a microorganism or enzyme for use as in (a), and (d) a composition distinguished by the presence of an indicator for use as in (b). Thus, "involving" in this and the indented subclasses means that the steps in the measurement or test either use the designated chemical compound, microorganism, or individual plant or animal cells or enzyme or the steps in the measurement or test indicate the presence or absence of the designated chemical compound, microorganism, plant or animal cell or enzyme.
(2) Note. The enzyme herein can be free or immobilized or present in a cell, tissue, or organ.
(3) Note. Compositions herein may include inert carriers that have either a single or multiple zones or chemical agents. Included as carriers are bibilous or absorbent materials and films.

SEE OR SEARCH THIS CLASS, SUBCLASS:

174+,for immobilized enzymes, per se.
183+,for enzymes.
188,for stabilized enzymes, enzyme conjugates or compositions thereof.
235.1+,for viruses, per se.
287+,for apparatus for measuring and testing.

SEE OR SEARCH CLASS:

73, Measuring and Testing,   for processes and apparatus for making a test or measurement of any kind not provided for in other classes. In general, the classes superior to 73 are 435, 422, 424, 204, 350, and 356.
128, Surgery,   for methods of treatment of the living body or a test which involves contact with a body and apparatus used in the inspection and treatment of diseases of the bodies of men and animals which apparatus is provided with means for connection to the living body.
137, Fluid Handling,   subclasses 2+ for processes of controlling the flow of a fluid in response to the sensing of a condition or characteristic of a fluid.
204, Chemistry: Electrical and Wave Energy,   subclasses 400 through 435for electrolytic analysis or testing apparatus, especially subclasses 403.01-403.15 for electrolytic analysis or testing apparatus including biological material or analyzing or testing for biological material (e.g., microbe, enzyme, antigen, etc.).
205, Electrolysis: Processes, Compositions Used Therein, and Methods of Preparing the Compositions,   subclasses 775+ for electrolytic analysis or testing processes, especially subclasses 777.5+ for electrolytic analysis or testing involving an enzyme or microorganism (e.g., animal or plant cells, bacteria, virus, etc.).
208, Minerals Oils: Processes and Products,   for chemical tests claimed in association with processes for recovery or treatment of naturally occurring mineral oil.
252, Compositions,   subclass 408 for testing compositions.
260, Chemistry of Carbon Compounds,   for chemical tests claimed in association with processes for the treatment or modification of carbon compounds.
324, Electricity: Measuring and Testing,   appropriate subclasses for methods and apparatus for testing an electrical property or condition of a material by electrical means, even though the result of the test may be used as an indication of some other physical or chemical property or condition.
346, Recorders,   subclasses 2+ for phenomenal apparatus and processes recording.
356, Optics: Measuring and Testing,   especially subclasses 28 , 139.04 through 139.08, 141.1 through 141.5 and 152.1 through 152.3, 205+, and 218 for methods and apparatus for optical testing with a photoelectric light detector with either an indicator or structure to support or contain the specimen or sample under test. Class 356 provides for methods and apparatus for visual counting of bacteria colonies, etc., with a scale or spacer to aid the eye without an optical element or statistical analysis procedures for the sizing and counting of particles, such as bacteria colonies by visible light and the counting of particles one by one with a microscope having a graticule rather than a cross hair or reticle.
359, Optics: Systems (Including Communication) and Elements,   subclasses 396+ for transparent microscope slides with means to contain and support the life functions of a microorganism.
377, Electrical Pulse Counters, Pulse Dividers, or Shift Registers: Circuits and Systems,   subclass 10 for sizing or counting of discrete particles such as bacteria colonies one at a time by numerical counting apparatus which registers the counts.
424, Drug, Bio-Affecting and Body Treating Compositions,   subclasses 1.11+ for class defined compositions and methods comprising a radionuclide or intended radionuclide, including those for in vivo diagnosing, and subclasses 9.1+ for a composition or method of in vivo testing (diagnosing) a living body or for an in vivo method of testing or analyzing a composition of that class (424).
436, Chemistry: Analytical and Immunological Testing,   subclasses 1+ for processes for analysis involving steps for causing or promoting a chemical reaction, regulating or controlling a chemical reaction. This includes tests dependent upon the chemical, i.e., proteinaceous reactivity of an enzyme as opposed to its catalytic functioning provided for in Class 435. Measurements and tests when claimed in association with chemical processes provided for in other Classes, e.g., 435, 208, 260, 423, etc., are classified in the class providing for the chemical process.
506, Combinatorial Chemistry Technology: Method, Library, Apparatus,   for a process of testing involving a chemical or biological library or an apparatus specially adapted for testing involving said library.
700, Data Processing: Generic Control Systems or Specific Applications,   subclasses 266 through 274for significant data processing system for chemical process control.
702, Data Processing: Measuring, Calibrating, or Testing,   subclasses 19 through 21for significant data processing system for biological or biochemical measurement and subclasses 22-32 for significant data processing system for chemical analysis to analyze the results of a chemical reaction which is only nominally claimed.
  
[List of Patents for class 435 subclass 5]    5Involving virus or bacteriophage:
 This subclass is indented under subclass 4.  Subject matter where the material to be measured or tested contains a virus or bacteriophage or the agent used for the measurement or test contains a virus or bacteriophage.
  
[List of Patents for class 435 subclass 6]    6Involving nucleic acid:
 This subclass is indented under subclass 4.  Subject matter where the material to be tested or the composition in which the test is conducted contains nucleic acid or the agent used for the measurement or test contains nucleic acid.
(1) Note. The tests provided for in this subclass may involve the determination of the mutagenic effect of drugs on nucleic acid containing genetic materials such as genes and chromosomes.
(2) Note. Nucleic acids for the purpose of this subclass are defined as polynucleotides of three or more nucleotides.
(3) Note. Proper for this subclass is subject matter involving the staining of microorganisms, cells, or tissues specifically for and only for nucleic acid (e.g., DNA, RNA, etc.) with stains such as Feulgen stain or acridine orange.

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40.5+,for subject matter involving microorganisms, cells, or tissues stained with a composition providing contrasting stains for the cell nucleus and cytoplasm (e.g., hematoxylin, eosin, etc.).

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506, Combinatorial Chemistry Technology: Method, Library, Apparatus,   for a process of testing involving a chemical or biological library or an apparatus specially adapted for testing involving said library.
536, Organic Compounds,   appropriate subclasses for saccharides, polysaccharides, nucleosides, nucleotides, and polynucleotides like RNA or DNA compounds as well as chemical methods of synthesizing such compounds. Search specifically subclasses 23.1+ for fragments of RNA or DNA which could have utility as genes in recombinant processes and subclass 24.3 for probes.
  
[List of Patents for class 435 subclass 7.1]    7.1Involving antigen-antibody binding, specific binding protein assay, or specific ligand-receptor binding assay:
 This subclass is indented under subclass 4.  Subject matter in which a measurement or test utilizes an enzyme or microorganism or plant or animal cells in an antibody binding, specific binding protein or other specific ligand-receptor binding test or assay.
(1) Note. Cross-Reference Art Collections 960 through 975 provide for different aspects of the subject matter of this and the indented subclasses.
(2) Note. The enzyme or microorganism may function for example, as an antigen, separating agent or detection label in a test or assay.
(3) Note. Subject matter directed to identifying a specific enzyme in a microorganism or tissue is appropriate for subclass 7.4 below, however, determining an enzyme as an indirect indication of a specific microorganism being present is appropriate for the microorganism subclass.
(4) Note. Subject matter directed to determining the presence of a specific microorganism is appropriate for the specific microbial subclass below. For example, an assay for determining a bacteria in an animal tissue sample is appropriate for the bacteria subclass rather than the animal cell subclass.
(5) Note. An indirect microbial determination, such as a determination of a microbial product as an indication of the presence of the microbe, is appropriate for the microbial subclasses below. However, it is strongly suggested that a patent containing such an indirect microbial determination be cross-referenced to the subclass appropriate for the assay of the product of the microbe.
(6) Note. Terminology used in this and the indented subclasses is found at the end of this subclass definition.

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5,for processes in which a virus is involved, as for example, as an antigen.
174+,for immobilized enzymes.
183+,for enzymes, per se, and methods of isolating enzymes.
188,for enzyme conjugates.

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424, Drug, Bio-Affecting and Body Treating Compositions,   subclasses 184.1+ for methods of immunizing with an antigen to induce protective immunity in vivo. Class 424 provides for in vivo antigen-antibody tests.
436, Chemistry: Analytical and Immunological Testing,   for a measurement or test involving antigen-antibody tests and other ligand-receptor binding tests for the identification of chemical species that do not involve a microorganism or enzyme.
506, Combinatorial Chemistry Technology: Method, Library, Apparatus,   for a process of testing involving a chemical or biological library or an apparatus specially adapted for testing involving said library.
530, Chemistry, Natural Resins or Derivatives Peptides or Proteins; Lignins or Reaction Products Thereof,   subclasses 387+ for antibodies, per se, subclasses 403+ for protein antigens or the use of antigenic proteins as an immunogenic carrier for a hapten, subclass 413 for immunological separation and affinity chromatography, cross-reference art collections 806 for antigenic peptides or protein, and 807 for hapten conjugated with peptide or protein, and 808 for monoclonal antibodies.
600, and 604, Surgery,   provides for methods including the use of claimed specific structure adapted to be placed on or in the living body and further include diagnostic or therapeutic methods and apparatus when the only disclosed utility is for diagnosis or treatment of a living body.
 
 GLOSSARY
 ANALYTE
 

The compound or composition to be measured.

 SPECIFIC LIGAND-RECEPTOR BINDING ASSAY
 

The interaction between a ligand material and a receptor which is specific to a class of compounds or a single compound.

 EPITOPE
 

A single antigenic determinant portion of the antigen which combines with the antibody site.

 LABEL
 

A member of a signal producing system which is usually bound to or incorporated in the ligand. Measurement of the label activity is an indication of the amount of unknown in the sample.

 LIGAND
 

Any organic compound for which a receptor naturally exists or can be prepared; a linking or binding molecule.

 RECEPTOR
 

Any compound or composition capable of recognizing a particular spatial and polar organization of a molecule, i.e., epitopic site on an antigen. The receptor material can be isolated from a cellular material from a living body such as a membrane or organ and exhibits great specificity to the species to be tested for. A cell surface molecule which binds specifically to particular proteins or peptides in the fluid phase.

  
[List of Patents for class 435 subclass 7.2]    7.2Involving a microorganism or cell membrane bound antigen or cell membrane bound receptor or cell membrane bound antibody or microbial lysate:
 This subclass is indented under subclass 7.1.  Subject matter involving a microorganism or cell membrane bound antigen, or cell membrane bound receptor or cell membrane bound antibody, or lysate of a microorganism.
  
[List of Patents for class 435 subclass 7.21]    7.21Animal cell:
 This subclass is indented under subclass 7.2.  Subject matter involving animal cells.
(1) Note. Though "whole blood" contains animal cells, the mere presence of a "whole blood sample" in an assay or test is not sufficient for placement in this and the indented subclasses. Since "whole blood" is a complex mixture of cells and liquid, classifying based on its presence might be inconsistent. Furthermore, the "whole blood" aspect is rarely of main importance, therefore, patents using whole blood samples are more appropriately placed based on the analyte of interest or on a reagent which is more specific, i.e., cancer cell, lymphocyte, red blood cell, enzyme label, etc., to one of the subclasses below.
(2) Note. "Animal cell" in this and the indented subclasses is also intended to include tissue.
  
[List of Patents for class 435 subclass 7.22]    7.22Parasite or protozoa:
 This subclass is indented under subclass 7.21.  Subject matter involving a parasite or protozoa.
(1) Note. Parasite is intended to include those animals which live in or on and at the expense of a host such as certain nematodes, cestodes, trematodes (e.g., tapeworm, heartworm, Trichinella, etc.).
(2) Note. A protozoa is a single-celled animal.

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7.32+,for bacteria which may be parasitic.
  
[List of Patents for class 435 subclass 7.23]    7.23Tumor cell or cancer cell:
 Subject matter under 7.21 involving tumor or cancer cells.
  
[List of Patents for class 435 subclass 7.24]    7.24Leukocyte (e.g., lymphocyte, granulocyte, monocyte, etc.):
 This subclass is indented under subclass 7.21.  Subject matter involving leukocytes such as lymphocytes, granulocytes, monocytes, etc.
(1) Note. The subject matter intended for this subclass includes, for example, a test wherein the leukocyte is a reagent, the leukocyte type is determined, a leukocyte surface antigen is determined, etc.
  
[List of Patents for class 435 subclass 7.25]    7.25Erythrocyte:
 This subclass is indented under subclass 7.21.  Subject matter involving red blood cells or reticulocytes.
(1) Note. Examples of subject matter in this subclass are red blood cell carriers, red cell surface antigen testing, etc.
  
[List of Patents for class 435 subclass 7.3]    7.3Flagellar-antigen or pili-antigen:
 This subclass is indented under subclass 7.2.  Subject matter involving flagellar-antigen (e.g., (H)-antigen, etc.) or pili-antigen, (e.g., (K)-antigen, etc.).
(1) Note. Flagellar - or pili-antigens are those which are or are part of the flagella