This is the generic class for alloys containing metal or metallic compositions which contain a continuous phase of metal and methods of making same not provided elsewhere. This class will also take "elemental" metal, per se.
RULES OF PATENT PLACEMENT
Patents have been placed in this class employing the so called "genus-species" rule. Following this rule as between a generic subclass and its indents a species unprovided for in any indented subclass is specifically classified in the generic subclass. Thus a patent containing claims to both a provided for and an unprovided for species is placed as an original in the generic subclass as the first appearing subclass and cross-referenced to the indented subclass forthe provided for species.
The primary basis of classification in this class is the elemental composition of the alloy, or metallic composition without regard to the method of incorporation, or the state of the element in the product. As to impurities, a substance which is recited as optionally present as an impurity, e.g., "up to a certain percent", or "not over a certain percent" has been disregarded for purposes of classification. Thus, when searching for an alloy, or metallic composition containing a very small quantity of an ingredient consideration should be given to the possibility that the ingredient might have been disclosed as being an impurity and classified as if it were not present. If, however, an element is claimed as an impurity but is recited as being positively present in at least some minimum amountthis element is considered to be a positive constituent of the product and classified accordingly. In subclasses 8+ hereunder some subclasses contain limitations as to the percentages of an element present. When an alloy falls exactly on the recited percentage whether or not the alloy is included depends on the wording of the subclass limitation. If the subclass recites "X percent or more" than exactly X percent is included, if the subclass recited "more than "X percent" then exactly X percent is excluded. As examples compare subclass 34, "9 percent or more chromium containing" with subclass 94 "over 10 percent nickel containing". An alloy containing exactly 9 percent chromium is included under subclass 34 whereas an alloy containing exactly 10 percent nickel is excluded form subclass 94.
LINES WITH OTHER CLASSES
CHEMICAL COMPOUND AND COMPOSITION CLASSES(NONMETALLURGICAL).
In general, a composition called an alloy and containing metal is prima facie proper for this class (420) unless other disclosure positively reveals it to be properly classified elsewhere. A disclosure that nonmetallic particles are bonded by metal will be taken to denote a continuous phase of metal proper for Class 420 absent specific disclosure to the contrary. Cases of doubt as to whether a continuous phase of metal exists will be resolved in favor of placement in Class 420. A so called alloy which contains no metal is excluded from Class 420 and classified as a composition based upon its use or function. See References to Other Classes, below for classes speficially related to Nonmetallurgical Chemical Compound and Composition Classes. 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.
METALLURGICAL AND METALLIC STOCK CLASSES
Class 420 provides for alloys, or metallic compositions which are intended to be of generally uniform character thought. While perfect uniformity is very difficult to achieve, this class (420) will take products which are not completely uniform where the intent is to produce a practically uniform product and any nonuniformity is accidental, or incidental and is not desired, or intended to give the product advantageous properties. Where a nonuniform product is desired, or intended, e.g., differing composition, or properties in different portions, etc., the product is considered to be stock and classified as appropriate in Classes 148, or 428 as discussed below.
This order of superiority among various metal, alloy, and metal stock areas and methods of manufacture involving them is as follows.
1. Class 419, Powder Metallurgy Processes.
2. Class 148, Metal Treatment, subclasses 22+, compositions for treatment of solid metal.
3. Class 75, Specialized Metallurgical Processes, Compositions for Use Therein, Consolidated Metal Powder Compositions, and Loose Metal Particulate Mixtures, subclasses 300, 301, and 303+, gaseous, liquid, or solid treating compositions for liquid metal or charges, and subclass 302, welding rod defined by composition.
4. Class 75, subclasses 228+, consolidated metal powder compositions and subclasses 255+, loose metal particulate mixtures.
5. Class 420, Alloys or Metallic Compositions, claimed as products.
6. Class 148, subclasses 95-122, 194-287, and 500-714, in the schedule order, providing for certain processes of treating solid or semi-solid metal by modifying or maintaining the internal physical structure (i.e., microstructure) or chemical properties of metal, processes of reactive coating of metal or processes of chemical-heat removing (e.g., flame-cutting, etc.) or burning of metal. However, if metal casting, fusion bonding, machining, or working is involved, there is a requirement of significant heat treatment as described in the Class 148 definition.
7. Class 148, subclasses 33+ barrier layer stock material and subclasses 400+, stock. 8. Class 75, subclasses 331+, processes of making solid partiuclate alloys directly from liquid metal and subclasses 343+, processes of producing or purifying alloys in powder form.
9. Class 75, subclasses 10.1+ and 10.67, processes of making
alloys by electrothermic, electromagnetic, or electrostatic processes.
10. Class 420, Alloys or Metallic Compositions, processes of manufacture.
11. Class 75, subclasses 330+, processes of making metal and processes of treating liquid metals and liquid alloys and consolidating metalliferous material.
12. Class 204, Chemistry: Electrical and Wave Energy, processes.
13. Class 164, Metal Founding, subclasses 1+, processes.
14. Class 266, Metallurgical Apparatus, subclasses 44+, processes of operating metallurgical apparatus.
This list is not complete and may be added to as the proper relationship of other areas is determined.
See References to Other Classes, below for classes speficially related to Metallurgical And Metallic Stock Classes.
ARTICLE CLASSES.
The former rule known as the alloy "rule" has been abolished. Patents claiming an article by name only without any positive structural limitation and reciting the alloy, or metallic composition of which the article is made are properly classifiable in this class (420). This is true whether, or not the alloy, or metallic composition is claimed, per se, or whether it has specific properties making it particularly suitable for such article. There are, however, some article areas which have not yet as of 1981 been brought into conformance with this line. For these exceptions note is made to the list in the class definition of Class 106, Composition: Coating or Plastic, under (1) Note, section (b). See References to Other Classes, below for classes speficially related to Article Classes.
REFERENCES TO OTHER CLASSES
SEE OR SEARCH CLASS
75, Specialized Metallurgical Processes, Compositions for Use Therein, Consolidated Metal Powder Compositions, and Loose Metal Particulate Mixtures,
303+, for solid treating compositions for liquid metal or a charge for producing metal or treating liquid metal. The compositions in subclasses 303+ do not encompass alloys or metallic compositions, per se, even if used as treating agents. Another ingredient utilized in producing or refining
or metal must by present with the alloy or metallic composition to be acceptable to these composition subclasses. An alloy or metallic composition made by consolidating base metal particles or a mixture or metal and nonmetal particles is proper for Class 75, subclasses 303+ or subclasses 228+ unless (a) all the components are melted or dissolved or (b) a part of the components are melted and the mass is treated as a fluent liquid (e.g., stirring, pouring, etc.) in which instances the product is proper for Class 420. Cases of doubt will be resolved in favor of placement in Class 75, subclasses 303+ or subclasses 228+. Class 75, subclasses 303+ or subclasses 255+ provide for compositions containing loose metal particles not elsewhere provide for. Class 420 provides for a free metal or a single ally or metallic composition in particulate form. However, a blend of free metal particles or alloy or metallic composition particles with other particles whether another free metal, another alloy or metallic composition, or a nonmetal is proper for Class 75, subclasses 303+ or subclasses 255+. Class 420 also provides for patents claiming an article by name only without any positive structural limitation and reciting the metal or alloy metallic composition of which the article is made. Processes of making solid particulate alloys or metallic compositions directly from liquid metal will be found in Class 75, subclasses 331+ and processes of producing alloys or metallic composition in powder form will be found in Class 75, subclasses 343+. In the instances in which the above mentioned processes are claimed and a process of making an alloy is claimed in generalized terms the patent will go as an original to Class 75 and a cross reference will be placed in Class 420. Processes of making an alloy by electrothermic, electromagnetic, or electrostatic steps will be found in Class 75, subclasses 10.1+ or subclass 10.67. In the instances in which the electrothermic, electromagnetic, or electrostatic steps are claimed and a process of making an alloy is claimed in generalized terms the patent will go as an original to Class 75 and a cross reference will be placed in Class 420. In the instances in which the electrothermic, electromagnetic or electrostatic steps are claimed and an alloy or metallic composition is claimed as a product the patent will go as an original to Class 420 and a cross reference will be placed in Class 75. The line between Class 75 and Class 420 is necessarily a difficult one since the metals produced by the processes of Class 75 are often impure and the Class 420 alloys are sometimes made from ores. Therefor, the following lines will be observed. A process of making an alloy of desired compositions for an end use will be classified in Class 420 even if made by reducing compounds or ore. A method of reduction or smelting to yield metal without intent to obtain a particular alloy or metallic composition will be classified in Class 75, even if it is recognized that the product is impure. Furthermore, methods of melting, refining, or purifying an existing alloy will be placed in Class 75. (Metallurgical and Metallic Stock Classes.)
106, Compositions: Coating or Plastic, for plastic
compositions containing metal, or alloy fillers, or pigments and
290, for pigment compositions containing metal alloy powders. This class (420) however, provides for an alloy, or metallic composition, per se, in powdered form even though claimed as a pigment. wder compositions containing a free metal. (Chemical Compound And Composition Classes-Nonmetallurgical)
148, Metal Treatment, appropriate subclasses for processes of treating solid or semi-solid metal to modify or maintain the internal physical structure (i.e., microstructure) or chemical properties of metal. If metal casting, fusion bonding, machining, or working is involved, there is a requirement of significant heat treatment as defined in the Class 148 definition. Note that Class 420 is superior and thus when both Class 420 claims to an alloy, or metallic composition, per se, and Class 148 process claims are present in the same patent, the original is placed in Class 420 with cross-reference in Class 148. Class 148,
24, is the location for a mixture of a powdered alloy or metallic composition with particles of a flux. Class 148, subclasses 400+, is the location for elemental metal, alloy or metallic compositions which (a) are the product of a process of Class 148, e.g., significantly heat treated, age hardened, etc., (b) are claimed in terms of specific magnetic properties, (c) are amorphous, (d) possess the property of shape memory, (e) are the product of a significant Class 164, Metal Founding step, e.g., chill cast, directionally solidified, etc., or (f) are the product of the dispersion of particulate matter in molten metal, which, particulate mater retains its identity in the final product, e.g., dispersion strengthened, etc. Class 420 provides for an alloy or metallic composition in which the claims include a recitation of physical, or chemical properties such as noncorrosiveness, hardness, of ductility which are inherent properties of the composition. Since Class 420 is superior, a patent containing both types of alloy or metallic composition claims is classified originally in Class 420 and cross-referenced to Class 148, subclasses 400+. Please note, in general no cross-references based on disclosures have been made from Class 148, subclasses 400+, stock, to Class 420 except from Class 148, subclasses 402, 403, and 404. Thus, for a complete search of possible unclaimed disclosure of alloys by composition, consideration should be given to expanding the search to the appropriate areas of Class 148, subclasses 300+ for magnetic stock material which is claimed as resulting from a Class 148 treatment or for stock material claimed in terms of a specified magnetic property, (e.g., coercive force, etc.). Class 420, however, provides for alloys or metallic compositions defined only as "magnetic", "magnetized", or "permanent magnet" material even though disclosed as resulting from a Class 148 treatment as well as alloys, or magnetic compositions claimed, per se, which are inherently magnetic. (Metallurgical and Metallic Stock Classes.) 164, Metal Founding, for a method of casting molten metal including the step of alloying while teaming (pouring), or in the mold. Otherwise a combined method of preparing an alloy followed by casting thereof is proper for Class 420. (Metallurgical and Metallic Stock Classes.)
204, Chemistry: Electrical Wave Energy,
293, for electrodes for electrolytic devices claimed by name only and defined by the alloy, or metallic compositions of which they are made. (Article Class)
205, Electrolysis: Processes, Compositions Used Therein, and Methods of Preparing the Compositions, especially
334+, for electrolytic synthesis of an alloy or metallic composition. If, however, the alloy or metallic composition is also claimed as such, the patent is placed originally in Class 420 and cross-referenced to Class 205. (Chemical Compound And Composition Classes-Nonmetallurgical)
252, Compositions,
1, for miscellaneous compositions not having a utility provided for elsewhere in the composition classification; subclass 62.3 for barrier layer device compositions. This class (420) however, provides for an alloy, or metallic composition, per se, which is a barrier layer composition; subclasses 62.51+ for magnetic compositions. This class (420), however, provides for an alloy, or metallic composition, per se, which is inherently magnetic, or is defined in terms of its magnetic properties. (Chemical Compound And Composition Classes-Nonmetallurgical)
266, Metallurgical Apparatus, for apparatus useful in preparing a Class 420 alloy. For related apparatus classified elsewhere see the search notes to Class 266. (Metallurgical and Metallic Stock Classes.)
423, Chemistry of Inorganic Compounds, for methods of storage of hydrogen by combination with an alloy no matter by what mechanical, whether chemical reaction, or sorbtion, and whether or not a stiochrometric compound is formed. This class (420) provides for an alloy, or metallic composition, per se, disclosed, or claimed as useful for binding hydrogen for purposes of storage no matter whether by chemical reaction, or sorbtion. (Chemical Compound And Composition Classes-Nonmetallurgical)
428, Stock Material or Miscellaneous Articles, for structurally defined stock material or blanks made wholely, or partially of metal. Consult the Class 428 definition for a detailed description of the structure proper for that class. Particularly pertinent subclasses are:
544+, for stock which is all metal, or contains adjacent
metals. Subclass 545 for metallic stock which contains a continuous phase of metal interengaged with a continuous phase of nonmetal. Subclass 615 for composite metal stock having plural, adjacent spatially distinct metal components e.g., layers, welded joint, etc. For this and indented subclasses there must be a sharp gradation between the plural components. Where there is a gradual gradation of properties, e.g., differentially heat treated etc., see Class 148, subclasses 400+. (Metallurgical and Metallic Stock Classes.) 430, Radiation Imagery Chemistry: Process, Composition, or Product Thereof, for an alloy, or metallic composition claimed, or solely disclosed as useful in a method of that class (430), particularly
85+, for alloys useful for use as photoconductors in electric photography, e.g., xerography, etc. (Chemical Compound And Composition Classes-Nonmetallurgical)
501, Compositions: Ceramic, for so called alloys which contain no metal and which have the properties, e.g., hard refractory, etc., associated with ceramic compositions. (Chemical Compound And Composition Classes-Nonmetallurgical)
523, and 524 Synthetic Resin or Natural Rubbers, for compositions containing a metal, alloy, or metallic composition as a pigment, or filler in a synthetic resin matrix, or continuous phase. (Chemical Compound And Composition Classes-Nonmetallurgical)
GLOSSARY:
Asterisked * terms are employed in section C, Chemistry and Metallurgy of the International Patent Classification (IPC) and have the same meaning herein.
The following is a list of synonyms of names of metals used in this class (mostly obsolete). They are followed in parenthesese by the metal names used in this class.
Synonym Name used herein
Aldebaranium (Ytterbium)
Austrium (Gallium (ipure))
Cassiopeium (Lutecium)
Celtium (Lutecium) Demonium (Dyprosium)
Didymium (Mixture of neodymum and paraseodymum)
Dwi-manganese (Rhenium)
Eka-aluminum (Gallium)
Eka-boron (Scandium)
Eka-cesium (Virginum)
Eka-Iodine (Astatine)
Eka-manganese (Technetium)
Eka-silicon (Germanium)
Eka-tantalum (Protoactinum)
Erythronium (Vanadium) Florentium (Promethium)
Glucinum (Beryllium)
Illinium (Promethium)
Masurium (Technetium)
Neoytterbium (Ytterbium)
Niobium (Columbian (Note: while niobium is the interna-tionally standard name among chemists, colu-mbium is still widely used among metallurgists in the USA)).
Tungsten (Wolfram (Note: while wolfram is the internationally standard name among chemists, tungsten is still preferred among metallurgists in the USA)).
ALKALI METAL*
A metal of the groups Lithium, Sodium, Potassium, Rubidium, Cesium and Francium.
ALKALINE EARTH METAL*
A metal of the group Calcium, Strontium, Barium and Radium.
ALLOY A union, possessing metallic properties of two or more metallic elements, or of nonmetallic element(s) and metallic element(s) which are not pure compounds and which are miscible with each other, at least to a certain extent when molten, to form a more, or less homogeneous liquid having a metallic matrix and which do not separate into distinct layers when solid. Such combinations when solidified from a melt may consist of mechanical mixtures, entectics, entectoids, solid solutions, or in part of chemical compounds one, or more of which may exist at the same time. Intermetallic compounds are considered alloys for purposes of classification.
BASE
A metal which is present in an amount of over 50 percent by weight in an alloy, or metallic composition.
LANTHANIDE*
An element of atomic number 57 to 71 inclusive.
METAL*
Element other than nonmetal (q.v.)
METALLIC COMPOSITION
A composition which contains a continuous phase of metal and no continuous phase of nonmetal.
NOBLE METAL*
A metal of the group Ruthenium, Rhodium, Palladium, Osmium, Iridium, Platinum, Gold and Silver. NONMETAL*
An element of the group, Hydrogen, Boron, Carbon, Silicon, Nitrogen, Phosphorus, Oxygen, Sulfur, Selenium, Tellurium, Fluorine, Chlorine, Bromine, Iodine, Astatine, Helium, Neon, Argon, Krypton, Xenon and Radon.
PRECIOUS METAL
Synonym for Noble Metal*
RARE EARTH*
An element of the group Scandium, Yttrium and the Lanthanides*.
REFRACTORY METAL*
A metal of the group Titanium, Zirconium, Hafnium, Vanadium, Niobium, Tantalum, Chromium, Molybdenum and Tungsten.
TRANSITION METAL*
An element of atomic number 21-30, 39-48 or 57-80.