| | This subclass is indented under subclass 1. Compounds under Class 532, ... wherein the acid function
entering into the formation of the esters is a carboxyl group.
| | (1)
Note. The traditional manner of naming esters has been to
define the acid and alcohol moieties that are interracted. The basis
for classifying esters in this class has been the acid moiety.In
this reclassification, the use of the acid moiety as the primary
basis for classification has been retained. However, whenever it
was determined that no further subdivision of a body of patents
could be established based upon variants of the acid moiety and
consistent with good classification practice, further subdivision
has been made on the characteristics of the alcohol moiety. To
avoid any confusion, the schedule of subclass titles specifically points
out that a particular characteristic pertains to the acid moiety
or the alcohol moiety. This factor, combined with the complexity
of the compounds which involve pluralities of acid and alcohol moieties,
has made it essential to establish a set of rules to determine which acid
moiety and which alcohol moiety is to control the classification.
| |
RULES FOR CLASSIFYING CARBOXYLIC ESTERS |
| | (1)
The first step in determining the classification of a compound
is to resolve it into the several acidic and alcoholic moieties. |
| | (2)
If there is more than one acid moiety, the general rule of
superiority is applied to determine the acid moiety which will control
classification. |
| | (3)
Thereafter, the rule applied is that only those alcohol moieties
which esterify the selected acid moiety are considered for classification. |
| | (4)
Where there is more than one alcohol moiety esterifying a
controlling acid moiety and it is necessary to determine which alcohol
moiety will control classification, the general rules of superiority are
applied. |
| |
The following examples illustrate these rules: |
| | (a)
Polyoxy alcohol B and two carboxylic acids, A and D AC(=O)
OBO(O=)CD Determine which of acids A or D has priority
to decide the classification. |
| | (b)
Polycarboxylic acid A and two alcohols B and D BO(O )CAC(=O)OD
If necessary, determine which of alcohols B and D has priority to
decide the classification. |
| | (c)
Oxy acid B, acylating acid A and alcohol D AC(=O)OBC(=O)OD
Determine which of acids A and B has priority. If acid A has priority,
then oxy acid B serves as the alcohol moiety and D is ignored for
classification. If oxy acid B has priority, then alcohol D is considered for
classification and acid A is ignored. |
| | (d)
Polycarboxylic acid A, monocarboxylic acid E, polyoxy alcohol
D and monooxy alcohol B BO(O=)CAC(=O)ODO(O=)CE
Determine which of acids A and E takes priority. If acid A has
priority, then alcohols B and D are considered and acid E is ignored.
If necessary, determine priority as between alcohols B and D to
establish classification. If acid E has priority, consider only
alcohol D for classification and ignore acid A and alcohol B. |
| | (e)
Polycarboxylic acid A, oxy acid B, monocarboxylic acid E,
monooxy alcohol F and polyoxy alcohol D FO(O=)CAC(=O)OBC(=O)ODO(O=)CE
Determine priority among acid moieties A, B and E. If polycarboxylic
acid A has priority, then consider only F and B as the alcohol moieties
and ignore D and E. If necessary, determine priority between F
and B as alcohol moieties for classification. If oxy acid B has
priority, then only alcohol D is considered for classification,
ignoring F, A and E. If acid E has priority, consider only alcohol D
for classification, ignoring F, A and B. |
| |
II. Polycarboxylic Acid Esters |
| |
The treatment of polycarboxylic acid esters has not changed
in this reclassification. However, since it presents potential pitfalls
for classification and search, the problems are summarized here. |
| |
Esters of polycarboxylic acids where one or more of the carboxyl
groups are unesterified are classified with the polycarboxylic acid
esters where all carboxyl groups may be in the free acid form or may
be present as salts or as acid halides. |
| |
When the unesterified carboxyl is reacted with an amine to
form an amide, the compound is classified in the appropriate subclass
of the group of esters containing nitrogen. |
| |
Since an acid halide group on an acid moiety which contains
an esterified carboxyl is the function which makes it a polycarboxylic
acid ester, such compound is not considered to be halogenated, for
classification purposes. However, when the acid halide group is on
an acid moiety which serves as the alcohol portion of an ester of
an acid with higher priority, this restriction no longer applies
and it may be considered as a halogenated alcohol. |
| |
An anhydride of a half ester of a dicarboxylic acid with a
monocarboxylic acid is regarded for classification purposes, as a
monocarboxylic acid ester, e.g., BO(O=C)AC(=O)O(O=)CD
and the final classification will be determined by the functional
groups present on both A and D which form the entire acid moiety. |
| |
An anhydride of a half ester of a dicarboxylic acid with another
dicarboxylic acid or half ester will be considered as a polycarboxylic
acid, e.g., BO(O=)CAC(=O)O(O=)CDC(=O)OH. |
| |
Here too, the final classification will be determined by the
functional groups present on both A and D which form the entire
acid moiety. |
| |
The only exception to the rules set forth in I. above, is
that of phenolic esters of acyclic carboxylic acids. Here, the
primary basis of classification is the phenolic moitety, with the
acids providing a secondary basis when all classifiable characteristics
of the phenolic moiety have been exhausted. As a further exception
to this case, carbamic acid esters of phenols have been made special and
appear before all other categories. |
| |
As a general rule, a salt forming moiety will not be considered
as significant for classifying a carboxylic acid ester, unless it
is, per se, an ester classifiable in this area, in which case its
acid group will compete for priority with the acid group of the
ester to which it is ionically bound. In this case, classification
will be based solely on that ionic moiety which is superior. |
| |
The rules of classification with respect to processes follow
the general rules as set forth in the class definition. Since processes
may appear in three different positions within the schedule, this
rule is amplified to cover the three situations. |
| | (a)
When a process subclass appears as a first line indent to
a residual subclass and is ahead of and coordinate with a series of
product subclasses, it is considered as referring to the subject
matter of the residual subclass as well as the coordinate product
subclasses. |
| | (1)
If the claims are drawn to a product classifiable in the residual
subclass and a process classifiable in a process subclass, the original
patent is placed in the residual subclass and cross referenced to the
appropriate process subclass. |
| | (2)
If the claims are drawn to products classifiable in a coordinate
product subclass as well as process claims classifiable in a process
subclass, the original patent is placed in the appropriate process
subclass and cross referenced to the product subclass. |
| | (3)
If all the claims are drawn to a process classifiable in a
process subclass, the original is placed in the appropriate process
subclass. |
| | (b)
When a process subclass appears as an indent to a product
subclass it refers only to the subject of that product subclass. |
| | (1)
When the patent contains claims classifiable both in the product
and the process subclass, the patent is placed as an original in
the product subclass and cross referenced to the process subclass. |
| | (2)
If all the claims are drawn to a process classifiable in the
process subclass, the original patent is placed in the process subclass. |
| | (c)
When process subclasses appear as a first line indent, but
below a series of coordinate product subclasses, then they refer
only to subject matter classifiable in the residual subclass. |
| | (1)
If the patent contains claims to a product classifiable in
the residual subclass and claims classifiable in a process subclass,
the original patent is placed in the residual subclass and cross
referenced to the process subclass. |
| | (2)
If the claims are all drawn to a process classifiable in a
process subclass, the original patent is placed in the process subclass. |
| | (d)
Where a patent has claims drawn only to a process for which
no subclass is provided, in all cases the patent is placed in the
subclass appropriate to the product being produced. |
| | (2)
Note. This is the residual subclass for esters of alicyclic
carboxylic acids not specifically provided for in subclasses (114-128)
inclusive. |
| | (3)
Note. This subclass contains, for example: esters of naphthenic
acids and

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