Definition

Class 520, Synthetic Resins or Natural Rubbers -- Part of the Class 520 Series is to be considered as an integral part of Class 260 and retains all pertinent definitions and class lines of Class 260. Class 520, subclass 1 is the generic subclass for synthetic resins or natural rubbers. All the other classes of the 520 series (i.e., 521,522, 523, 524, 525, 526, 527, and 528) are indented thereunder.

Retrieval of information in the Class 520 series is identical to retrieval in any ordinary class that has subclasses rather than classes indented thereunder. Each of the classes indented (i.e., 521-528) etc., merely recites an art area that for convenience of numbering has been categorized as a class rather than a conventional subclass. Classes 521-528 are arranged in hierarchical order under Class 520, subclass 1, and each of Classes 521-528 operates as a normal class within this hierarchy. The 520 series of classes encompasses solid synthetic resins and natural rubbers, and the preparation and treatment thereof. The series also encompasses compositions not elsewhere provided for of solid synthetic resins and natural rubbers, as well as the preparation and treatment of such compositions.

In this class and in the indented subclasses are placed all patents which are directed to the preparation and treatment of the so-called synthetic resins or natural rubbers (e.g., complex organic compounds produced from ingredients which are generally nonresinous and which final products simulate the natural resins).

SOME OF THE GENERAL TYPES OF SUBJECT MATTER WITHIN THIS CLASS

A. Solid synthetic resins, per se, regardless of utility.

B. Processes of preparing a synthetic resin involving a chemical reaction including those chemical reactions which utilize energy.

C. Reactable compositions which form a product as in (a) above upon the addition of a catalyst or promoter, or which merely require the presence of heat and/or pressure and wherein all of the necessary reactants to form the final desired product are present, or processes of preparing.

D. Processes of purifying a solid synthetic resin or composition containing a synthetic resin by a chemical or physical process.

E. Process of reclaiming or recovering a solid synthetic resin.

F. Processes of treating a synthetic resin or specified intermediate condensation product (SICP, see the Glossary) with a reactant, or product thereof.

G. Blends of solid synthetic resins, processes of preparing or treating such blends.

H. Chemically reacted solid synthetic resins or processes of preparing.

I. Potentially reactable compositions which contain a solid synthetic resin or SICP and products of such a reaction, or processes of preparing.

J. Room vulcanizable potentially reactive compositions which merely require moisture and which are usually activated by heat and/or pressure to form a product proper herein, or processes of preparing.

K. Compositions of a nonreactant material and a solid synthetic resin or SICP, processes of preparing or treating.

L. Processes of using a solid synthetic resin or composition containing a solid synthetic resin.

M. Compositions containing a structurally defined material (e.g., coated web, or fiber having dimension, etc.) which is dispersed in a matrix which is not identified by overall dimension or some structure or processes of preparing.

N. Single-layered products containing a solid synthetic resin or composition thereof reciting no structure or dimension, or a fiber, filament, etc., which is no more than the material from which it is made. Nonstructured single-layered web or sheet is encompassed.

O. Particles or a powder, per se, of a solid synthetic resin or composition thereof for which particles or powder no dimensions are recited.

P. Reactable compositions which form a product proper for this class and contain a photoinitiator or photosensitizer which are activated by wave energy or processes of preparing.

It must be remembered that the list above is exemplary not exhaustive of the types of subject matter that may be found in this class. Not all subject matter relating to solid synthetic resins and natural rubbers is to be found in this class, since other classes provide for claims involving synthetic resins (e.g., utility classes, separation classes, etc.).

Lines with other classes and within this class

A. A GENERAL OUTLINE OF THE CLASS 520 SERIES IS AS FOLLOWS

Class 520, generic subclass 1.

Class 521 provides for ion-exchange polymers, processes of reclaiming a solid synthetic resin, and for cellular synthetic resins.

Class 522 provides for processes of preparing or treating a solid polymer utilizing wave energy and for compositions which contain a photosensitizer and which when reacted form a product proper for the 520 Series of Classes.

Classes 523 and 524 provide for solid synthetic resins or specified intermediate condensation products admixed with a nonreactant material.

Class 525 provides for certain combinations of polyesters and certain reactable materials, for blends of solid synthetic resins, and for chemically modified solid synthetic resins.

Class 526 provides for certain manipulative processes which are generic to both ethylenic polymers and to condensation polymers, and also provides for polymers derived from ethylenic monomers only.

Class 527 provides for solid synthetic resins derived from at least one saturated material and certain special reactants (e.g., carbohydrates, proteins, natural resins, lignin, tannin, bituminous material, etc.).

Class 528 provides for solid synthetic resins derived from at least one nonethylenic reactant, and also for processes of treating a polymer either derived from ethylenic or nonethylenic reactants wherein chemical bonds in the polymer are left unaffected.

This list above is merely to be taken as a shorthand method in approaching the Class 520 series. The areas above generally provide for processes of preparing the indicated products. Once a class in the series is identified as having subject matter in which one may be interested, it is best to consult the individual class schedule or to look at the one-dot subclasses indented under Class 520, subclass 1.

B. RULES FOR DETERMINING PLACEMENT BETWEEN THE 520 SERIES OF CLASSES AND THE MONOMER, ETC. AREAS OF CLASS 260

To be classified in the 520 Series of Classes, a patent must contain a claim to a solid synthetic resin, natural resin, preparation or treatment thereof, or compositions containing solid synthetic resins or natural rubbers.

When a patent (1) sets forth claims drawn to species that may or may not be solid synthetic resins as per disclosure (e.g., the patent may present claims to nonsolid polymers or to monomeric compounds), or a patent (2) contains only generic claims and the disclosure sets forth species, embraced by the claims, some of which are and some of which are not solid synthetic polymers, the patent is classified as an original with the nonresinous species and is cross-referenced to the appropriate Class 520 series area.

Where both claims and disclosure are devoid of any reference to a solid synthetic resin, the patent is classified in the appropriate Class 260 compound area (principally the Class 532 Series of Classes and Class 585) that provides for the monomer or liquid polymer. In the event that a composition is claimed when neither claims nor disclosure refer to a solid synthetic resin, the patent is classified in an appropriate composition class other than the Class 520 series.

Determination of whether a product is a solid synthetic resin proper for this area (the Class 520 series) or a compound proper for another Class 260 area (such as the Class 532 Series) is as follows:

1. In the absence of disclosure to the contrary:

a. A polymer derived from ethylenic reactants only will be considered to be a solid polymer, per se, and proper for Class 520.

b. A polymer derived from at least one nonethylenic reactant will be considered to be a liquid and, therefore, properly classified in Class 260 as a compound. An exception to this rule pertains to certain low molecular weight polymers which despite being solids are nonetheless regarded as nonpolymeric and therefore excluded from Class 520. Consider, for example, the low molecular weight polymers of organic isocyanates (nRNCO), formaldehyde (mCH₂O), and acetaldehyde (pCH₃CHO), respectively. Organic isocyanates can be polymerized to produce isocyanurates (I), cyclic trimers where n=3. Formaldehyde can be polymerized to produce the cyclic trimer, trioxane (II) where m=3. Finally, acetaldehyde can be polymerized to produce the cyclic tetramer, metaldehyde (III), where p=4.

I

II

III

Despite being solids, these "polymers" are, in fact, compounds with sharp melting points, exhibiting no film-forming, elastomeric or other rheological properties and are therefore properly classified in the compound classes.

2. A polymer is a solid when so stated or when it is described in one or more of the following terms. This list is not to be taken as limiting a solid to the enumerated terms. Other terms in patents (not noted in the following list) may be interpreted as being solid when proper description is given therein: coagulated, brittle, ductile, Durran m.p, elastic, elastomer, fiber-forming, friable, fusible, gum, meltable, melting point, millable, molten, pliable, powder, rubber, rubbery, thermoplastic, and thermoset. A wax is not considered to be a solid even if defined by one or more of the above terms.

Determining whether a product derived from a natural rubber, protein, natural resin, natural gum, bituminous material, nonvolatile residue of distillation processes, naturally occurring fatty acids, fatty oils, fats, waxes and modified forms thereof, carbohydrates or derivatives, or tall oil or fatty acids derived from tall oil is proper subject matter for this 520 Series of Classes or for a compound area of Class 260 follow.

C. RULES PERTAINING TO NATURALLY OCCURRING FATTY ACIDS, FATS, FATTY OILS, OR TALL OIL OR FATTY ACIDS DERIVED FROM TALL OIL

In the absence of disclosure to the contrary, the following rules apply:

1. The reaction product of fatty acid or oil + SICP (or SICP ingredients) is presumed to be solid and is classified in Class 525 or 528.

2. The reaction product of a fatty acid or oil + polyol + polycarboxylic acid or derivative is presumed to be a liquid and is classified in Class 554, Organic Compounds, subclasses 1+.

3. The reaction product of a fatty acid or oil + SPFI (other than SICP ingredients) is presumed to be a liquid and is classified in Class 554, Organic Compounds, subclasses 1+.

4. The reaction product of an ethylenic reactant preformed reaction product of fatty acid + polyol + polycarboxylic acid or derivative is classified in class 525, subclass 7, when the ethylenic reactant is not solely a fatty acid glycerol ester, a fatty acid derived from a naturally occurring glyceride, tall oil, or a tall oil fatty acid.

It is to be pointed out that the ethylenic reactant can be a natural resin, e.g., rosin, etc. the rule in Class 525, subclass 7, regarding the role of the ethylene reactant is to be contrasted with situations elsewhere in Classes 526, 528, and also in class 525, where it often is appropriate to view a drying oil or drying oil acid as an ethylenic reactant so long as there is present a 520 series system in the absence of the fatty oil or acid.

Example: The reaction product of solid polyethylene glycol terephthalate + linseed oil is classified in Class 525, subclasses 10+.

But: If the polyester is not specifically disclosed as a solid or the reaction product is not disclosed as a solid prior to oxidative cross-linking (i.e., air drying), then the system is classified in Class 554, Organic Compounds, subclasses 1+.

5. The reaction product of a fatty acid or oil with ethylenic monomer is presumed to be a liquid and is placed in Class 560, Organic Compounds, subclasses 1+ or Class 562, Organic Compounds, subclasses 400+, respectively. If formation of a solid polymer (prior to air drying) is disclosed, the material is classified in Class 526.

6. A fatty acid or oil + maleic acid yields a reaction product. The reaction product admixed with styrene is presumed to yield a liquid product, which product is classified in Class 560 Organic Compounds, subclasses 76+ or Class 562, Organic Compounds, subclasses 488+, respectively. A solid would be placed in Class 526.

7. Polymerized fatty acids or oil (e.g., dimer or trimer fatty acids, etc.) are not treated as fatty acids for purposes of the Class 520 Series. However, in recognition of the historical treatment of these materials as derivatives of fats, the following rules are offered (a) solid materials produced from dimerized or trimerized fatty acids together with a SPFI or SICP or ethylenic monomer other than solely a fatty acid or oil are treated as solid polymers for the purpose of the Class 520 Series, and (b) materials produced from dimerized or trimerized fatty acids with otherwise incomplete specified polymer-forming system (SPFI) are classified as appropriate in Class 562, Organic Compounds, subclasses 400+ without regard to consideration of solid or liquid.

D. RULES PERTAINING TO NATURAL RESINS OR DERIVATIVES

In the absence of disclosure to the contrary, the following rules apply:

1. Natural resin and natural resin derivative is defined in the Glossary.

2. Reaction of natural resins with ethylenic reactants is presumed to produce a solid polymer proper for Class 527, subclass 600, with the exception that reaction products of natural resins or derivatives (including hydrogenated rosin) with solely terpenes and/or polycarboxylic acids, anhydrides, or halides are treated, per se, as derivatives of natural resins for purposes of Class 530, subclass 214. The practical effect of this is that abietic acid copolymerized with malelic anhydride is classified, per se, in Class 530, subclass 214. However, rosin + maleic + styrene is classified in Class 526, subclass 238.3.

3. A natural resin reacted with an ingredient which introduces ethylenic unsaturation (other than in section B, 2 situation above), e.g., rosin ester of allyl alcohol, is a monomer for purposes of Class 526. Thus, polymers of these materials are classified in Class 526; however, natural resins are assumed to be ethylenically unsaturated. For example, the reaction product of a natural resin + SICP is presumed to be a solid and is classified in Class 525.

4. A natural resin reacted with a material to introduce a functional group provided for on the SPFI listing is not presumed to be a solid polymer for purposes of Class 520 unless admixed with any additional ingredient necessary to complete the SPFI system.

5. A reaction product of a natural resin with SPFI ingredients is presumed to be a solid and proper for Class 527, subclasses 600+.

6. A reaction product of a natural resin with ethylenic reactant (other than those excluded in section B, 2 above) with nonethylenic reactant is presumed to produce a solid polymer proper for Class 527.

7. The reaction product of a natural resin with a reactant which introduces functional groups that are part of a SPFI system and wherein the other necessary ingredient of the SPFI system is subsequently introduced, produces a product which is presumed to be solid and is proper for Class 527.

E. RULES PERTAINING TO NATURAL RUBBER, PROTEIN, NATURAL GUM, BITUMINOUS MATERIAL, LIGNIN OR TANNIN, NONVOLATILE RESIDUE OF DISTILLATION PROCESSES, WAXES, AND MODIFIED FORMS THEREOF, AND CARBOHYDRATES OR DERIVATIVES

In the absence of disclosure to the contrary, the following rules apply (For purposes of convenience, the group of materials above has been treated as a single entity and has been categorized as being selected materials. The rules that follow relating to selected materials apply to each of the materials above.):

1. The reaction of a "selected material" with SICP (or SICP ingredients) is presumed to be a solid and is classified in Class 527.

2. The reaction product of a selected material with SPFI ingredients is presumed to be a solid polymer and proper for Class 527.

3. The reaction product of a selected material with ethylenic reactant is presumed to be a solid polymer and proper for Class 527.

4. The reaction product of a selected material with ethylenic reactant + nonethylenic reactant is presumed to produce a solid polymer proper for Class 527.

5. A selected material which is reacted so as to increase or decrease ethylenic unsaturation, but not to leave the material devoid of any unsaturation, produces a monomer proper for Class 526 which, if homopolymerized or copolymerized with an ethylenic reactant only, produces a polymer proper for Class 526.

6. The reaction product of selected material which introduces functional groups that are part of a SPFI system and wherein the other necessary ingredient of the SPFI system is subsequently introduced, produces a product which is presumed to be solid and is proper for Class 527. An example of such a situation is the treatment of sucrose with ethylene oxide to produce a sucrose polyether polyol which is subsequently treated with a polyisocyanate.

The reactions enumerated above, when dealing with multiple materials, may be simultaneous or sequential. For example, a selected material may be reacted with a polyol and then subsequently halogenated and, in turn, reacted with a polycarboxylic acid. The polycarboxylic acid and polyol reactant are a SPFI system. Therefore, the product produced is presumed to be solid and proper for Class 527.

The reactions enumerated above all pertain to SPFI, SICP, ethylenic reactants, or to materials which introduce functional groups which are part of a SPFI system, and to which another material is added that completes the necessary ingredients that comprise a SPFI system. Any other reaction with the above materials, other than where the patentee specifically states that materials are present which will form a solid polymer under the conditions of reaction if the materials enumerated above were absent, is excluded from being a solid synthetic resin proper for the Class 520 Series.

F. PROCESS: THE FOLLOWING GENERAL LINES EXIST BETWEEN THE CLASS 520 SERIES AND OTHER CLASSES PROVIDING FOR PROCESSES

Class 264, Plastic and Nonmetallic Article Shaping or Treating: Processes. Refer particularly to the main section of Class 264 for the line between Class 264 and the composition classes. In general, patents which include both the preparation and a significant molding or working treatment of a compound or composition classifiable in Class 520 are placed in Class 264 and cross-referenced to this Class 520 when desirable. However, where the molding is only nominally recited or is merely incidental to the preparation of a Class 520 composition, the patent is placed in this Class 520 according to the following guidelines.

1. Patents limited to process claims reciting a broad or nominal molding step only (a) where a composition classifiable in Class 520, per se, is molded and there is no disclosure as to a chemical reaction being present, the patent goes to Class 264; (b) where a chemical reaction, mixing or blending of ingredients to form a composition of matter classifiable in Class 520 is recited to take place in a mold or during the molding or shaping step, the patent goes to Class 520, even if temperature and pressure conditions are set out; (c) similarly, where a chemical reaction, mixing or blending of ingredients to form a composition classifiable in Class 520 is recited to take place prior to the nominal shaping or molding step, the patent goes to Class 520.

2. Patents containing both composition claims classifiable in Class 520 and process claims reciting nominal molding only (a) patents containing both claims to a composition classifiable in Class 520 and also claims reciting broad or nominal molding of said composition go to Class 520; (b) patents containing both claims to a composition classifiable in Class 520 and claims reciting broad or nominal molding of said composition wherein there is a chemical reaction, blending, or mixing of ingredients of said composition during or prior to the molding step, will go to Class 520, even if temperature or pressure conditions are set out; (c) where patents contain both claims to a composition classifiable in Class 520 and claims reciting a nominal or broad molding of said composition, per se, and there is no disclosure of any chemical reaction taking place, and specific temperature and/or pressure conditions are set out, the patent will go to Class 264.

Class 427, Coating Processes. Refer to the class definition of Class 427 particularly the section, Nonsignificant Coating Processes. In general, nonsignificant or nominal coating methods are classified with a compound or composition if claims are present for both compound or composition.

1. A patent containing a claim to a coating composition or compound, which claim is, per se, classified in Class 520, and also a claim to a nonsignificant process of utilizing the claimed compound or composition to coat a substrate, is classified with the claimed Class 520 composition. The following guidelines are used to determine if a process step is significant.

a. Any pretreatment or post-treatment of a base or applied coating is a significant process step; processes limited to etching or making a base more compatible with, or adherent to, the coating wherein the base is the substrate (work) onto which a coating is applied are included (e.g., curing, drying, or smoothing a coating, or cleaning or drying a base.

b. A specific recitation of how the coating is applied (e.g., brushing, dipping, spraying, immersion, etc.) is significant. General statements of applying, covering, or coating, etc., are not significant.

c. Processes resulting in plural coatings are considered significant.

d. A process resulting in a coating having a specific thickness or lack of uniformity is considered significant.

e. Specific recitation as to the condition of a coating being applied is generally significant except (1) a condition also included in an independent composition claim (e.g., pH concentration, etc.) is not significant, and (2) statements that a coating material is molten or in an organic, inorganic, or aqueous solution is not significant unless accompanied by a recitation of specific times or temperatures or chemically defined solvents.

2. Patents containing only claims to a process of coating a substrate wherein no significant process steps are recited are classified in Class 428, Stock Material or Miscellaneous Articles, according to the product produced by the process. Guidelines for use in determining if a process is significant are the same as set out under step 1 above.

3. Patents containing (a) a claim to a composition which is classifiable in Class 520, (b) a coated product claim which does not have significant structure for Class 428 and is classifiable only as a nonstructural laminate in Class 428, and (c) a claim to a significant coating process which is classifiable in Class 427 are classified as an original in Class 428 (see particularly Class 428, subclass 411.1

G. Composition: The Following General Lines Exist Between Class 520 and Other Composition Classes or With Classes Providing Patents Wherein the Claims Recite a Composition Limited to an Art Use Provided for in That Class

1. A composition having no art use claimed, but disclosed as having a single art use is classified with the art use.

2. Compositions which are disclosed as having a plurality of functions provided for in different main classes and only a single use, property, or function is claimed, are placed as original in the composition class providing for such claimed use, property, or function and are cross-referenced to other classes for disclosed uses, properties, or functions when desirable.

3. Compositions which are disclosed as having a plurality of uses, properties, or functions provided for in different main classes, and there are claims to a plurality of such several uses, properties, or functions, are placed in the composition class coming first in the following order of superiority:

Class 504, Plant Protecting and Regulating Compositions

Class 424, Drug, Bio-Affecting and Body Treating Compositions

Class 426, Food or Edible Material: Processes, Compositions, and Products.

Class 71, Chemistry: Fertilizers.

Class 149, Explosive and Thermic compositions or Charges.

Class 430, Radiation Imagery Chemistry: Process, Composition, or Product.

Class 252, Compositions, subclasses 9+.

Class 44, Fuel and Related Composition.

Class 148, Metal Treatment.

Class 252, Compositions (special uses or functions) to subclass 194.

Class 502, Catalyst or Solid Sorbent.

Class 252, Compositions (special uses or functions), subclass 478 and those following, except subclasses 302+, 363.5+, 364, 365+, 367+, 372, 378 R,P.

Class 8, Bleaching and Dyeing; Fluid Treatment and Chemical Modification of Textiles ad Fibers.

Class 429, Chemistry: Electrical Current Producing Apparatus, Product, and Process.

Class 204, Chemistry: Electrical and Wave Energy.

Class 106, Compositions: Coating or Plastic, subclasses 1.05 to 38.9.

Class 501, Compositions: Ceramic.

Class 106, Compositions: Coating or Plastic, subclasses 600-316.

Class 451, Abrading.

Class 75, Specialized Metallurgical Processes, Compositions for Use Therein, Consolidated Metal Powder Compositions, and Loose Metal Particulate Mixtures (Alloys).

Class 420, Alloys or Metallic Compositions

Class 75, Specialized Metallurgical Processes, Compositions for Use Therein, Consolidated Metal Powder Compositions, and Loose Metal Particulate Mixtures (rest of class).

Class 518, Chemistry: Fischer-Tropsch Processes; or Purification or Recovery of Products Thereof

Class 520, Synthetic Resins or Natural Rubbers: Series of Classes.

Class 260, Chemistry of Carbon Compounds: Series of Classes.

Class 208, Mineral Oils: Processes and Products.

Class 252, Compositions (nonspecial uses or functions) i.e., subclasses 182.11+, 183.11+, 302+, 363.5, 364, 365+, 367, 372, 378 R,P, 380, 408.1, 600.

Class 585, Chemistry of Hydrocarbon Compounds (mixture subclasses).

This superiority list is not intended as a complete list and will be expanded or added to as the relationship between classes containing resin compositions and Class 520 is determined.

Class 435 is not on the above list and may contain a resin composition and see the notes between Class 520 and Class 435.

4. Class 520, subclass 1 is the residual home for compositions containing a solid synthetic resin or nonreactant proper for Class 520. Any composition containing a polymer proper for the Class 520 Series and having a claimed utility, property, or function which is unprovided for in any of the classes superior to the Class 520 Series on the (B, 3) list above is proper for Class 520. The Class 520 Series is also the proper home for any composition having a polymer proper for the series where the disclosure is limited to a single disclosed utility, property, or function which is unprovided for in any of the classes superior to the series on the (B, 3) list. A claim that fails to recite a utility, property, or function and wherein the disclosure is generic to a number of utilities, properties, or functions, some of which are provided for specifically by classes higher on the list than the Class 520 Series and others that are provided in Class 520 Series, or that are not provided for in any other composition area on the list, should generally be cross-referenced into the Class 520 Series on the basis of the unprovided or provided for utilities, properties, or functions enumerated in the disclosure.

5. In Class 430, certain disclosures have been excluded, (see the Class Definition of Class 430). In the circumstance enumerated in Class 430, the patent would be classified in Class 520 rather than Class 252 when the composition contains a polymer proper for Class 520.

6. It is a general rule of classification to classify a process of preparing a composition along with the composition. In these circumstances where only a process of preparing a composition is claimed and there is no claim to a composition, the claims would be classified identically as if there were a composition claimed. An exception to the general rule above is Class 435, Chemistry: Molecular Biology and Microbiology, wherein an enzymatic reaction may have produced a particular resin composition. The composition is properly classified in Class 520, while the process is classified in Class 435.

7. Class 520 provides for a composition containing a synthetic resin for treating textile materials, as for example, compositions for oiling or lubricating, rendering antistatic, softening, and silk-soaking, excepting detergent, bleaching and mere wetting compositions. Patents which claim a resin composition intended for textile treating and also claim (a) processes involving no more than mere application of the composition to a textile material, or mere application combined with a broadly stated textile operation, and/or (b) textile products characterized essentially by the application of the composition, are classified herein. For patents which claim only processes of application and/or products thereof, or a significant process of applying these compositions, see Class 8, Bleaching and Dyeing; Fluid Treatment and Chemical Modification of Textiles and Fibers. Class 427, Coating Processes, and Class 428, Stock Material or Miscellaneous Articles. For the lines between these classes, see the definition of the respective classes.

8. This class (520) specifically provides the Si-C or Si-H containing compositions containing reactants which are claimed as being moisture curable; see Class 528, subclasses 10+, and for moisture curable N=C=X (X is chalcogen) and liquid polysulfide compositions, respectively.

See the section Lines With Other Classes in the class definition of Class 428 for a treatment of the lines between Class 428 and the Class 520 Series of Classes.