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Class 436 :: CHEMISTRY: ANALYTICAL AND IMMUNOLOGICAL TESTING

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.

LINES WITH OTHER CLASSESCLASSIFICATION GUIDELINES FOR THIS CLASSA. 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.

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 ClassificationTerm : “acidic” or “basic” component Presumed classified as: inorganic acid or baseTerm : ginsing extract Presumed classified as: saponinTerm : hydrocarbon Presumed classified as: compound of hydrogen and carbon onlyTerm : isotopes Presumed classified as: nonisotopic formTerm : marahuana Presumed classified as: tetrahydrocannabinolTerm : octane test Presumed classified as: hydrocarbonTerm : organo Presumed classified as: hydrocarbon derivativeTerm : “organic compound” Presumed classified as: by technique in 147 - 183GENERAL NOTEThe 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 NOTESA. 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 vitro antigen-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 speciesImmobilized 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.

Class 436 :: CHEMISTRY: ANALYTICAL AND IMMUNOLOGICAL TESTING

Definition

Subclasses List