|
|
| Class Numbers & Titles | Class Numbers Only | USPC Index | International | HELP |
| You are viewing a Class definition. |
CLASS 436, | CHEMISTRY: ANALYTICAL AND IMMUNOLOGICAL TESTING |
| Click here for a printable version of this file | |
SECTION I - CLASS DEFINITION
This is the generic class for:
A. Processes which involve a chemical reaction for determining qualitatively or quantitatively the presence of a chemical element, compound or complex in a composition or a chemical compound, or an element or radical in a compound.
B. Process for analysis which involve an in vitro antigen-antibody, immunological or protein binding interaction other than those involving a living antigen, or enzyme label.
C. Processes of analysis or study of the chemical properties of a sample; the physiological effect of a sample; or chemical determination of a physical property of a sample.
D. Compositions and their mere methods of use of thermoparticulating compositions.
E. Chemical test standards for A, B, and C.
F. Analytical compositions for A, B or C subject to the caveat lin Lines With Other Classes, Other Search Notes, "A. Class 252 Compositions Search," below.
G. Combinations of tests or measurements with methods of regulating a chemical reaction not otherwise provided for in a chemical synthesis class or otherwise.
| (1) Note. For an elaboration of the distinction between subclasses 1-146 and subclasses 147-181 which provide for methods of examining the results of a significant chemical interaction see Lines With Other Classes, "Classification Guidelines For This Class," below. |
SECTION II - LINES WITH OTHER CLASSES AND WITHIN THIS CLASS
CLASSIFICATION GUIDELINES FOR THIS CLASS
A. Compositions: Standards and Analytical Compositions used to prepare a sample for chemical testing or to standardize a test procedure are classifiable in subclasses 8-19. Subclasses 8-19 will also provide for the process of use of such standards to calibrate a test procedure but will not provide for a comprehensive chemical test process including calibrating and analytical testing of an unknown. Compositions used for qualitative or quantitative chemical testing are classifiable with their process of use.
Class 516 provides for compositions otherwise seemingly proper for Class 436 when the compositions are subject matter relating to: colloid systems (such as sols*, emulsions, dispersions, foams, aerosols, smokes, gels, or pastes) or wetting agents (such as leveling, penetrating, or spreading); subcombination compositions of colloid systems containing at least an agent specialized and designed for or peculiar to use in making or stabilizing colloid systems; compositions and subcombination compositions specialized and designed for or peculiar to use in breaking (resolving) or inhibiting colloid systems; processes of making the compositions or systems of the class; processes of breaking (resolving) or inhibiting colloid systems.
B. Testing Processes: Methods of chemical testing or analysis are classifiable on the basis of the specie tested for if such specie is claimed or solely disclosed. Subclasses 147 - 181 provide for processes not limited by claim or sole disclosure to the concepts of subclasses 1-146. If placement in subclasses 147 - 181 appears proper, two cautions should be observed. First, the claim or claims in question should be scrutinized for the presence of a significant chemical interaction which is not merely the application of measuring technique otherwise classifiable in another class. Second, due to long-standing conflicts and nonuniform practice in the determination of significant chemistry, classification in subclasses 147 - 181 indicates that at least a cursory search should be made of the class providing for the appropriate technique absent significant chemistry.
A method of testing for a disease or condition if by claim or disclosure is a test for a particular chemical specie and classification is proper in the subclass providing for that specie.
A test for an extract or factor is properly classifiable in the subclass providing for the major chemical constituents as determined by the disclosure or a standard reference work.
A process directed to the analysis of a complex is classified on the basis of the first appearing member of the complex.
A process testing a flue gas, off gas, combustible gas, or other gaseous composition for a particular claimed or solely disclosed species should be classified with that species. A broad analysis claim should be classified in subclasses 147 - 181.
A broadly recited anion or cation test is classifiable in subclasses 147-181.
A test to determine the utility or suitability if a sample for some use or some generalized property (e.g., toxicity, etc.) is properly classifiable in subclasses 2+.
C. Presumptive Identity: In the absence of a clear showing to the contrary the following will control classification. Terms are followed by their Presumed Classification
Term: "acidic" or "basic" component Presumed classified as: inorganic acid or base
Term: ginsing extract Presumed classified as: saponin
Term: hydrocarbon Presumed classified as: compound of hydrogen and carbon only
Term: isotopes Presumed classified as: nonisotopic form
Term: marahuana Presumed classified as: tetrahydrocannabinol
Term: octane test Presumed classified as: hydrocarbon
Term: organo Presumed classified as: hydrocarbon derivative
Term: "organic compound" Presumed classified as: by technique in 147 - 183
GENERAL NOTE
The mere presence of a chemical reaction is not generally sufficient to place a patent in this class. This class provides for the qualitative and quantitative analysis of chemical compounds, complexes and elements which at some point involve a chemical interaction. In other words, the subject matter of this class involves an investigation of what chemical specie is present and/or how much of the specie is present or investigates some chemical property of a sample. The technique used to detect the result of chemical interaction need not be chemical but may involve a physical, optical or electrical measurement. No attempt should be made to apply or generalize the lines of any given class to any other given class in regard to this class. In any instance where the line notes use the word significant or nominal this is especially true and the limits of such terms can only be determined on a case by case basis in view of an examination of the patents in the involved class. See References to Other Classes, below, for the lines between this class (436) and related classes.
OTHER SEARCH NOTES
A. Class 252 Compositions Search.
This class was created by incorporation of chemical standards and chemical testing compositions from Class 252, subclass 408.1. The superior subclasses in 252 other than subclass 1 were not screened to remove all chemical test compositions or standards properly classifiable therein. Thus, when considering the proper search and classification of a chemical testing composition Class 252 should always be consulted. Upon conclusion that 252 does not provide for the subject composition, the composition is properly classifiable in this class.
B. Class 424 in vivo/ in vitro line.
Class 436, subclasses 500+ incorporate patents to in vitroantigen-antibody, immunological, or protein binding tests formerly classified in Class 424, subclass 1.5 (which no longer exists) and subclasses 2+. Class 424 continues to provide for in vivo antigen-antibody, immunological, or protein binding tests when the final testing or diagnosis step occurs in or on the living body. A document which includes the in vivo production of an in vitro test material or reagent, such as the in vivo production or treatment of an antigen or antibody used in an immunoassay, will be provided for the Class 436 (see especially subclasses 543-548).
C. Analysis in combination with other chemical processes.
This class includes tests or measurements of any type claimed in association with a chemical reaction when the reaction is not part of a process elsewhere classifiable. Measurements and tests when claimed in association with e.g., condition responsive control, etc., chemical processes provided for in other classes, e.g., 208, 260, 435 etc., are classified in the class providing for the chemical process.
D. Immobilized peptides, namely proteins, enzymes and immunologically active species
Immobilized peptides, namely proteins, enzymes and immunologically active species are classified in Classes 260, 435 and 436 respectively. In the instance where the claims are directed to a generic immobilization process with or without species claims to the particular peptides the order of superiority of placement is 435, 436, and 260 (including the resin series). Class 424 will take a composition which may contain any of the immobilized species above as a composition for the treatment of the living body and will control placement.
E. Composition class superiority.
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 - REFERENCES TO OTHER CLASSES
SEE OR SEARCH CLASS:
| 71, | Chemistry: Fertilizers, provides for a process of soil analysis combined
with the application of Class 71 composition in response to the analysis.
| ||
| 73, | Measuring and Testing, is the generic class for making a measurement or
test of any kind not provided for in other classes. Class 73 is
also the generic class for sampling processes and apparatus not
otherwise provided for (Class 73 provides in Note (3) of the Class
Definition an extensive listing of classes for measuring and testing,
per se, and a sampling).
| ||
| 116, | Signals and Indicators, provides for a signal or indicator wherein the signal
or indicator is given by a chemical reaction, e.g., change in color,
smoke, odor etc. Class 116 provides for a temperature indicator
which has a single temperature indication.
| ||
| 128, | Surgery, provides for methods including the use of claimed
specific structure adapted to be placed on or in the living body
and further includes diagnostic or therapeutic methods and apparatus
when the only disclosed utility is for diagnosis or treatment of
a living body.
| ||
| 156, | Adhesive Bonding and Miscellaneous Chemical Manufacture, provides for processes of chemical manufacture not
otherwise provided for and for a process of chemical testing when combined
with such process. Class 156 particularly provides for a process
of measuring and testing when combined with a process of etching
or laminating.
| ||
| 162, | Paper Making and Fiber Liberation, provides for a process of fiber liberation including
a step of chemical testing of the fiber or testing fluid as well
as providing for chemical testing in combination with a paper making
operation.
| ||
| 166, | Wells, for a chemical test in combination with a process
of using, making or treating a well where such process incorporates
more than a nominal step in a claim reciting drilling or treating
a well or recovering a fluid therefrom. The headnotes of Class
166 provide comprehensive listing of the disposition of well related testing
art.
| ||
| 175, | Boring or Penetrating the Earth, provides for a process for boring into the earth
combined with a measurement or test where more than a mere step
of boring is claimed.
| ||
| 210, | Liquid Purification or Separation, provides for a process of chromatos:graphic separation
for separation of the constituents of mixture.
| ||
| 250, | Radiant Energy, provides for a method of using, generating, controlling
or detecting radiant energy or a subcombination thereof when not
otherwise provided for. This includes use of X-rays to determine
chemical composition or crystal structure as well as use of a mass spectrometer.
| ||
| 252, | Compositions, provides for a chemical testing composition when
claimed in combination with a composition specifically provided
for in Class 252 and for physical testing, analysis, indicating
or warning agents or for physical standards, tracer or identification
compositions.
| ||
| 264, | Plastic and Nonmetallic Article Shaping or Treating:
Processes, provides for a step of chemically testing or inspecting
some variable condition in a shaped article, molding material, mold
or shaping surface as part of a process included in Class 264.
| ||
| 324, | Electricity, Measuring and Testing, is the residual home for measuring and testing electrical
properties or the measuring testing or sensing of nonelectric properties
(e.g., moisture, pH etc.) by electric means including a chemical
reaction by name only. The presence of any detail to the chemical
reaction is beyond Class 324. In general, a 324 process may result in
the identification of a chemical specie by NMR, ESR, conductivity,
impedance, or other electrical property but only absent a significant chemical
reaction in which case Class 436 will provide for the combination.
| ||
| 340, | Communications: Electrical, provides for electrical indicating and measuring
systems which include the use of a catalytic or semiconductor gas
detector.
| ||
| 356, | Optics: Measuring and Testing, provides for methods and apparatus for determining
the optical or nonoptical properties of materials or articles by
noting the effect produced by the materials or articles or light
associated therewith. Light analysis includes spectroscopy, interference,
polarization, shade or color and photometers. The material properties
involve crystal or gem examination, blood analysis, optical pyrometers,
oil testing, document verification, refraction testing, light transmission or
absorption, light reflection, and inspection for flaws or imperfections
in materials.
| ||
| 422, | Chemical Apparatus and Process Disinfecting, Deodorizing, Preserving, or Sterilizing, subclasses 50 through 100for apparatus used for chemical analysis. | ||
| 424, | Drug, Bio-Affecting and Body Treating Compositions, provides for an in vivo test which may include a
chemical reaction. Class 424 provides 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 micro-organism, (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.
| ||
| 426, | Food or Edible Material: Processes, Compositions,
and Products, 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.
| ||
| 435, | Chemistry: Molecular Biology and Microbiology, provides for a test or measurement involving a microorganism
or enzyme which functions catalytically as well as antigen antibody tests
involving a living microorganism or enzyme label.
| ||
| 506, | Combinatorial Chemistry Technology: Method, Library, Apparatus, for testing involving a chemical or biological library. | ||
| 702, | Data Processing: Measuring, Calibrating, or Testing, subclasses 22 through 32for chemical analysis with significant data processing. |
SECTION IV - GLOSSARY
ANTIBODY
A protein of the globulin in type that is formed in an animal organism in response to the administration of an antigen and that is capable of combining specifically with that antigen. Abbr Ab. See also immunoglobulin.
ANTIGEN
A substance, frequently a protein that can stimulate an animal organism to produce antibodies and that can combine specifically with the antibodies thus produced; called also complete antigen as distinct from a hapten. Abbr Ag.
ANTIGEN - ANTIBODY COMPLEX
The generally insoluble molecular aggregate that is formed by the specific interaction of antigens and antibodies. It is also referred to as the immune complex.
HAPTEN
A substance that can react selectively with antibodies of the appropriate specificity but stimulates the production of these antibodies in an animal only when it is coupled to a carrier.
IMMUNOADSORBENT
An insoluble material that is used for the purification of antibodies by adsorbing them from a serum; a gel for trapping antibodies, or an inert solid to which either antigens or haptens have been covalently linked are two examples.
IMMUNOASSAY
An assay that utilizes antigen antibody reactions for the determination of chemical substances.
IMMUNOELECTROPHORESIS
A technique for identifying antigens in complex mixtures by first separating the antigens in one dimension by means of gel electrophoresis, and then allowing them to react with antibodies by means of two dimensional double diffusion through the gel; a pattern of precipitin arcs is thereby produced. Abbr IE.
IMMUNOGLOBULIN
1. A protein of animal origin that has a known antibody activity. 2. A protein that is closely related to an antibody by its chemical structure and by its antigenic specificity.
SUBCLASSES
1 | PROCESS OR COMPOSITION FOR STERILITY OR PACKAGE INTEGRITY TEST: | ||||||
This subclass is indented under the class definition. Processes or compositions for determining the effectiveness
of a prior sterilization process or the physical integrity or a
package by means of a chemical reaction.
SEE OR SEARCH CLASS:
| |||||||
2 | PROCESS OR COMPOSITION FOR DETERMINATION OF PHYSICAL STATE OR PROPERTY BY MEANS INCLUDING A CHEMICAL REACTION: | ||||||||||||
This subclass is indented under the class definition. Processes or compositions for determining physical state
or a physical property by means of a chemical reaction.
SEE OR SEARCH CLASS:
| |||||||||||||
3 | Leak detection: | ||||||||
This subclass is indented under subclass 2. Processes or compositions for a test in which a chemical
reaction is included in a process for detection of leaks.
SEE OR SEARCH CLASS:
| |||||||||
4 | Of crystal or crystalline material: | ||||||||||||||||||
This subclass is indented under subclass 2. Processes and compositions therefore in which a physical
property of a crystal or crystalline material is determined by means
involving a chemical reaction.
SEE OR SEARCH CLASS:
| |||||||||||||||||||
5 | Surface area, porosity, imperfection, or alteration: | ||||
This subclass is indented under subclass 2. Processes or compositions for chemically determining surface
area of an object or part of an object; the permability of a surface;
the roughness of portions of a surface; or the alteration of a surface.
SEE OR SEARCH CLASS:
| |||||
6 | Corrosion resistance or power: | ||||
| This subclass is indented under subclass 2. Processes or compositions for chemically testing the corrosion
resistance of material, the corrosiveness of a sample material,
the presence or strength of a corrosion inhibitor, or determining
corrosion preventing properties.
SEE OR SEARCH CLASS:
| |||||
7 | By thermoparticulating composition: | ||
This subclass is indented under subclass 2. Compositions for and processes in which a chemical composition
decomposes at a desired temperature to indicate the temperature
of some part of a device on which it has been coated and the decomposition
products are detected chemically.
| |||
8 | COMPOSITIONS FOR STANDARDIZATION, CALIBRATION, SIMULATION, STABILIZATION, PREPARATION OR PRESERVATION: PROCESSES OF USE IN PREPARATION FOR CHEMICAL TESTING: | ||||||||||||||
This subclass is indented under the class definition. Compositions which are used to mimic or quantify the effect,
in a chemical test procedure, of another chemical composition, or
to stabilize, preserve or otherwise prepare a sample for a chemical
test and the processes of use of such materials preparatory to a
chemical test procedure.
SEE OR SEARCH CLASS:
| |||||||||||||||
9 | Simulative of a gaseous composition: | ||
| This subclass is indented under subclass 8. Compositions and methods which produce the effect of a gas
composition for the purpose of calibration or otherwise simulating
a chemical effect of the gas simulated.
SEE OR SEARCH CLASS:
| |||
10 | Particle count or volume standard or control (e.g., platelet count standards, etc.): |
| This subclass is indented under subclass 8. Compositions and methods in which a chemical composition is designed to simulate the number of particles in some fluid of interest or to have a desired volume related property. | |
11 | Blood gas standard or control: | ||||||||||||
| This subclass is indented under subclass 8. Compositions and processes which simulate the effect of
blood in a test for blood gases.
SEE OR SEARCH THIS CLASS, SUBCLASS:
SEE OR SEARCH CLASS:
| |||||||||||||
12 | Bilirubin or uric acid standard or control: | ||||
| This subclass is indented under subclass 8. Compositions and processes which simulate the chemical effect
of bilirubin or uric acid to calibrate or standardize a test.
SEE OR SEARCH THIS CLASS, SUBCLASS:
| |||||
13 | Lipid, cholesterol or triglyceride standard or control: | ||
| This subclass is indented under subclass 8. Compositions and processes which standardize or calibrate
a test or test procedure for a lipid, cholesterol, or triglyceride.
SEE OR SEARCH THIS CLASS, SUBCLASS:
| |||
14 | Glucose, ketone, or nitrate standard or control: | ||||||
| This subclass is indented under subclass 8. Compositions and processes which simulate the chemical effect
of a composition containing glucose, ketone or nitrates.
SEE OR SEARCH THIS CLASS, SUBCLASS:
| |||||||
15 | Protein or peptide standard or control (e.g., hemoglobin, etc.): | ||||
| This subclass is indented under subclass 8. Compositions or processs which simulate the chemical effect
of a protein or peptide.
SEE OR SEARCH THIS CLASS, SUBCLASS:
| |||||
16 | Blood serum or blood plasma standard or control: | ||
| This subclass is indented under subclass 8. Compositions or processes in which simulate the chemical
effect of blood serum or plasma.
SEE OR SEARCH THIS CLASS, SUBCLASS:
| |||
17 | Preparation composition (e.g., lysing or precipitation, etc.): | ||||
This subclass is indented under subclass 8. Compositions which are used to prepare a sample for a chemical
test.
SEE OR SEARCH THIS CLASS, SUBCLASS:
| |||||
18 | Preservative, buffer, anticoagulant or diluent: | ||||||
| This subclass is indented under subclass 8. Compositions which are added to a sample for a chemical
test which compositions serve to prevent deterioration of the sample,
stabilize the pH, prevent the sample from coagulating, or increase
the volume of the sample.
SEE OR SEARCH THIS CLASS, SUBCLASS:
SEE OR SEARCH CLASS:
| |||||||
19 | Inorganic standards or controls: | ||||||
| This subclass is indented under subclass 8. Compositions or processes which simulate the chemical effect
of an inorganic substance to standardize, or calibrate a chemical
procedure.
SEE OR SEARCH THIS CLASS, SUBCLASS:
| |||||||
20 | FOOD OR DAIRY PRODUCTS: | ||||||||||||
This subclass is indented under the class definition. Processes or composition therefor wherein constituents or
components of food or dairy products are determined by a chemical reaction.
SEE OR SEARCH CLASS:
| |||||||||||||
21 | Meat or eggs: | ||||||
This subclass is indented under subclass 20. Processes or compositions for testing of animal flesh or
of eggs.
SEE OR SEARCH THIS CLASS, SUBCLASS:
| |||||||
22 | Dairy product: |
| This subclass is indented under subclass 20. Processes or compositions wherein the products tested are derived from or include animal milk as a major constituent. | |
23 | Milk or butter fat: |
| This subclass is indented under subclass 22. Processes or compositions for testing of milk or butter fat. | |
24 | Wine or alcoholic beverages: | ||||
This subclass is indented under subclass 21. Processes or compositions wherein the food tested is an
ethyl alcohol containing beverages.
SEE OR SEARCH THIS CLASS, SUBCLASS:
| |||||
25 | GEOCHEMICAL, GEOLOGICAL, OR GEOTHERMAL EXPLORATION: | ||||||||||||||
This subclass is indented under the class definition. Processes or compositions utilizing chemical analysis for
studying or determining the existence, location of flow of materials
or studying other natural phenomena on, within or below the earth"s
crust, or determining components of solids or ores.
SEE OR SEARCH CLASS:
| |||||||||||||||
26 | For metallic ores: | ||||
| This subclass is indented under subclass 25. Processes or compositions for determining some chemical
property of metal containing ore.
SEE OR SEARCH THIS CLASS, SUBCLASS:
| |||||
27 | Using chemical tracers: | ||
This subclass is indented under subclass 25. Processes or compositions wherein chemical tracers are utilized
for studying or determining the existence, location or flow of materials within
or below the earth"s crust.
SEE OR SEARCH THIS CLASS, SUB |