Lines with other classes and within this class
A. GENERAL STATEMENT OF CLASS SUBJECT MATTER (1) Official subclasses 1-789 do not provide for cross-reference
patents which are originally classified in Class 260 (Compound area)
or in the Class 530-570 series or in Class 585. Cross-reference
patents that are originally classified in the Class 520 series are
allowed. (2) The cross-reference rule elaborated above means that a
specific compound having a disclosed or even specifically claimed
utility (i.e., compound X useful as an anti-cancer drug) will be
classifiable only in Class 260 or in the Class 530-570 series or
in class 585. B. OFFICIAL CROSS-REFERENCE ART COLLECTIONS: (1) Peptide and protein art collections (subclasses 800-809). (2) Specifically disclosed disease condition and pharmaceutical
effect (subclasses 810-935). The official cross-reference art collections subclasses 800-935
take patents dating from Jan.1, 1965. These collections provide
for data from all classes including Classes 260, 530-570, and Class
585. C. OFFICIAL CROSS-REFERENCE ART COLLECTIONS: Subclasses 936-975 provide for specifically disclosed carrier
specified nonbioactive ingredient (subclasses 936-975). This art collection provides (1) data from Class 260 (Compounds
) and Classes 530-570 series and Class 585 dating from Jan. 1, 1965,
and (2) data from all other classes regardless of date. Class 514 and Class 424 differ in scope as to cross-referencing
procedure. Those subclasses identified as Class 424 will accept
cross-references from all classes including 424, 260, Classes 530-570
series and Class 585 as has been done in the past. An exception
within Class 424 are subclasses 1.11+ wherein the 514 rule
is respected and therefore cross-referencing is not accepted. SCHEDULE OUTLINE OF CLASS 514 The schedule is divided into a number of parts, each of which
is distinct and provides for different types of subject matter.
The following is a breakdown of the major areas and indicates the
type of subject matter provided therein. (A) Subclasses 1-768 provide for the subject matter proper
under Class 424 containing a designated organic active ingredient
(DOAI), methods of making such compositions and methods of using
such compositions. Also included herein are method of using a specified DOAI. (B) Subclasses 769-771 provide for subject matter relating
to a designated inorganic nonactive ingredient (See Glossary below)
other than water or designated elemental nonactive material (See
Glossary). These subclasses provide for compositions which may
have an organic active material and which active material does not
qualify as a DOAI as well as to methods of preparing or using such
compositions. These subclasses also provide for compositions containing
a designated inorganic nonactive material other than water or designated
elemental material and which composition qualifies as subject matter
proper for Class 424 and is not provided higher in the classification
schedule as well as to methods of preparing or using such compositions. (C) Subclasses 772-788 provide for subject matter relating
to a designated organic nonactive ingredient (See GLOSSARY) other
than a hydrocarbon. These subclasses provide for compositions which
may have an organic active material and which active material does not
qualify as a DOAI as well as to methods of preparing or using such
compositions. (D) Subclass 789 is the miscellaneous subclass for subject
matter proper in Class 424 or 514. This subclass provides for compositions,
methods of preparing or using same. (E) Subclasses 800-809 are art collections pertaining to protein
and peptide and relate to subject matter only in Class 514. (F) Subclasses 810-935 are art collections pertaining to specifically
disclosed disease condition and pharmaceutical effect and relate
to subject matter only in Class 514. (G) Subclasses 936-975 are art collections pertaining to specifically
disclosed carrier system; physical form or specified nonbioactive
ingredient and relate to subject matter only in Class 514. DESIGNATED ORGANIC ACTIVE INGREDIENT (DOAI) DOAI is when (a) the active ingredient is identified by at
least one chemical atom, e.g., organic phosphorus compound, etc.
or (b) the active ingredient is identified as a generic type of
chemical compound, e.g., alcohol, ether, etc. The term active denotes a physiological, pharmacological or
biological effect. For purposes of this class organic active ingredient although
inherently reciting the presence of a carbon atom is considered
to be too broad and therefore will not be considered as DOAI"s
is as follows: chalcogen, carboxylic acid, phosphorus containing,
organic alkali or earth metal compound, hydrocarbon, halogenated hydrocarbon,
etc. The following list below is not exhaustive and merely emumerates
certain materials that will not be considered as DOAI"s,
e.g., organic compound, solvent, biocide, pharmaceutically active,
medicine, preservative, diabetes active, pesticidal, active against
rabies, antihistamine, anti-tussive, anti-caries, crystalline, antioxidant, etc. It is important to remember that function of a material or even
amount, e.g., pharmaceutical, etc., even if specific, e.g., diabetes
active, etc., or 2% of a diabetes active ingredient, etc.,
does not meet any of the necessary criteria elaborated in 1 and
2 above. Function or amount therefore does not qualify as rendering
an ingredient as "Designated". RULES CONCERNING THE USE OF DOAI IN THE SCHEDULE For purposes of Class 514, certain rules as to patent placement
have been adopted. These rules pertain only to the subject matter
in Class 514 and are not to be extrapolated to areas in Class 424. The rules adopted pertaining to the use of the term "DOAI" are
as follows: (A) In those subclasses which recite a designated organic
active ingredient (DOAI) in the title, the indented subclasses merely
pertain to a further elaboration of the DOAI and do not relate to
any other ingredient. An example of this is (subclass 497 in Class
514) which recites nitrogen containing and is indented under (subclass
496) which recites mercury and which in turn is indented under (subclass
492) heavy metal containing DOAI. The meaning of (subclass 497)
is that an active ingredient contains both nitrogen and mercury
atoms as part of a single molecule. (B) In those subclasses which recite "with" as
in (subclass 168) under a specified DOAI, such use is consistent
with the term as used in other classes in that, at least two separate
materials must be present, one of which is the DOAI and the other "with" ingredient.
The "with" ingredient need not have an active
function for Class 514 unless the subclass specifically requires
an "active with ingredient" as in subclass 154. EXAMPLES OF PATENT PLACEMENT WITHIN THE CLASS Patentee Claims (A) A biocide and starch as a carrier. The original classification
is with the starch in subclass 778, since a chemical atom of the
biocide is not recited. (B) 2% of a biocide and starch as a carrier. Same
classification as in (A) above, since 2% is not considered
sufficient to be DOAI. (C) An organic phosphorus containing biocide and starch as
carrier. Original classification is on the basis of the biocide
since an atom is recited. Entirely proper to look at disclosure
to see the type of phosphorus compound encompassed by the term "organic
phosphorus". (D) A synergistic mixture of two biocides at least one of which
is formaldehyde classifiable in subclasses 694+. The disclosure
recites that the other biocide can be a organic phosphorus compound
classifiable in subclasses 75+. Since the claim has only
one DOAI recited (i.e., formaldehyde) original classification is
in the formaldehyde species. (E) A synergistic mixture of two biocides one of which is
formaldehyde and the other is malathion. Formaldehyde is classified
in subclass 694 and malathion is classified in subclass 122. The
original is classified with malathion in subclass 122 as per normal
classification rules. RULES CONCERNING PLACEMENT OF SALTS WITHIN CLASS 514 AND SEARCH
THEREFOR Classification Practice (A) Inorganic salts of organic materials are considered as
organic and classified with the organic materials only, even when
the organic material is not a DOAI by definition (see Glossary).
No weight in the classification system is given to the inorganic
material. However, when the inorganic segment of the salt is specifically
claimed or disclosed as the only active segment of the salt molecule
original classification is proper on the basis of the inorganic
segment and cross-referenced to the organic material. Example 1. R--R. SO4 classified on the basis of R--R segment only Example 2 Organic. SO4 or Organic pesticide. SO4 classified on
the basis of the disclosed organic or organic pesticide material
only. Example 3. Organic. SO4 or Amine. SO4 Wherein activity is recited only in the SO4 segment, original
classification is with SO4 segment, cross-reference
is highly desirable with the disclosed organic or amine material. (B) When a nonsalt DOAI material (see section 2, Glossary)
as well as a salt thereof are claimed a prima facie nonrebuttal
presumption is established that only the nonsalt active material
is effective, even if the salt is specifically claimed and even
if different 424 utility is noted for the specific salt. The claims
are classified as original with the nonsalt DOAI material and a
cross-reference to the salt area, even if higher in the classification schedule
is unnecessary. (C) When an organic salt of a DOAI is solely specifically
claimed (i.e., nonsalt species of material is not claimed) the following
classification rules will apply: (1) Both segments of the solely claimed salt, i.e., anion and
cation, are designated (a) both segments are claimed or disclosed as active for the
utility intended, or where no evidence is shown that a particular
segment is active or inactive (both through claims or disclosure),
the entire molecule will be considered a DOAI and classified on
the basis of the first appearing segment in the schedule hierarchy,
an example of this is the treatment of amine-critic acid: original classification
with citric acid is proper since both segments of the molecule are
active and since amine is classified lower in the 514 schedule hierarchy
then citric acid or (b) only one particular segment is claimed or disclosed as
active, the original classification is to the designated active
segment and cross-referenced to the nonactive segment area if said
nonactive segment is higher in the classification schedule. (2) Only one segment of the solely claimed salt, i.e., anion
or cation, is designated, the original classification is with the
active segment, even if the active segment is nondesignated, e.g., "an
amine salt of an organic compound" wherein the pesticide
or organic compound is specifically claimed or disclosed to be active
for the utility intended. Classification is on the basis of the
disclosed pesticide or the organic compound and cross-referenced
to the amine area if the amine is higher in the schedule hierarchy
than the disclosed species of the pesticide or organic compound.
However, when the nondesignated segment is claimed as "a
pharmaceutically acceptable acid (or base or equivalent thereof),
e.g., "an amine salt of a therapeutically acceptable or
compatible acid", no weight is given to the "acceptable
or compatible acid" and classification is based only on
the designated segment, i.e., the amine. Examination Practice Due to the nature of the system of classification elaborated
above a search to be complete must at times entail searching in
a multiplicity of subclasses. (A) Claims drawn to solely a salt. Claims are classified and
searched as in Classification Practice, C, above. (B) Claims drawn to a nonsalt DOAI and also to a salt thereof,
either in a dependant claim or in a Markush group. Classified only
with the nonsalt species but searched in all salt species which
are classified higher in the classification schedule than the nonsalt
species. 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. CLASS 514 TERMS The following frequently used terms in Class 514 are referenced
in References to The Current Class, below. These terms have also
been entered into the Index of the U.S. Patent Classification. A Acronycines; Allantion; Amantadine; Amphetamine; Ampicillin;
Amprotropine; Aspirin; Atropine B Barbituric acid; Benzocaine; Benzomorphans; Biotin C Capsaicin; Cephalocporins; Chlorpheniramine; Cholecalciferol;
Chrysanthemic acid; Cobalamin; Codeine; Colchicine; Cortisone; Cupreine;
Cycloheximide; Cyproheptadine; Cysteine ester D DDT; DDVP; Dextromethorphan; Dyphylline E Ephedrine; Estradiol; F Fluspirilene G Glaucine; Glucamine; Griseofulvin H Hexachlorophene; Hydrocortisone I Isoniazid M Malathion; Melatonin; Meperidine; Methadone; Methapyrilene;
Methomyl; Morphinans; Morphine; N Nandrolone; Niacinamide; Nortestosterone O Oxolinic acid P Parathion; Pencillin G; Perimidines; Phenylephrine; Phenyltoloxamine;
Pilocarpine; Pimozide; Piromidic acid; Perdnisolone; Procaine; Progesterone;
Psoralen; Pteridine; Purines Q Quinicine; Quinidine; Quinine; Quinoxaline R Riboflavins S Salinomycin; Scopolamine T Tartaric acid; Tetracycline; Theophilline; Thiamines; Tocopherois;
Tryptophan; Tyrosine; Tripelennamine U Uracil V Vinblastine; Vincamine; Viquidil |
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