US PATENT SUBCLASS 423 / 265
WITH ADDITIVE

Current as of: June, 1999
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423 /   HD   CHEMISTRY OF INORGANIC COMPOUNDS

265WITH ADDITIVE {7}
266  DF  .~> For stabilizing crystal size or shape
267  DF  .~> Including anticaking or antihygroscopic function {1}
269  DF  .~> Including corrosion inhibitor
270  DF  .~> For sulfur trioxide {1}
272  DF  .~> For hydrogen peroxide {1}
274  DF  .~> Coating or binder
275  DF  .~> Additive contains metal, boron, or silicon

DEFINITION

Classification: 423/265

(under the class definition) Products or processes comprising a compound or a nonmetallic element physically interrelated with another substance which serves to improve, protect or modify the product, which substance does not take part in the reaction, which makes the product, but is added to the

reaction or to the product or is made by a separate and distinct reaction.

(1) Note. A catalyst or other reaction promoter is excluded under this definition of additive.

(2) Note. If in a chemical reaction a reagent is added to combine with a portion of the reactants to form an additive by a reaction other than that which makes the desired product, classification is proper for this group of subclasses.

(3) Note. A substance added to a feedstock to control or modify the product and is carried along in the reaction to be mixed with the product is considered to be additive for this group of subclasses. The final mixture is not considered to be proper for Class 106, Compositions: Coating or Plastic, or Class 252, Compositions unless the disclosure is clear and specific that the product is intended to be a mixture or composition for a specific utility or use. For example, in making carbon black various substances are added to the feedstock to be carried along to the final product and to modify the properties of the carbon black, e.g., oil absorption, crystal structure, etc. These patents are properly classified in this Class 423, subclasses 265+. However, the modified carbon black when disclosed for use as a filler for rubber articles is proper for Class 106, Compositions: Coating and Plastic, subclasses 400+.

(4) Note. Processes of preventing corrosion of metal containers or receptacles by a Class 423 product by admixing an anti-corrosion additive therewith are properly classified in Class 423, subclass 269, since this is the mere use of a product to which an anti-corrosion additive has been added, and since corrosion of the metal causes corrosion of the product. See (1) Note in Class 422, Chemical Apparatus and Process Disinfecting, Deodorizing, Preserving, or Sterilizing, subclass 7.

(5) Note. Mixing ingredients to form a composition which is in better form for pyrometallurgy, even though some chemical reaction is involved, excluded from this Class 423 and will be found in Class 75. (6) Note. Class lines

A. A Class 423 product, per se, is classified in Class 423 regardless of its utility.

B. A Class 423 product admixed with an additive whose sole function (claimed or disclosed) is to otherwise perfect the product is classified in Class 423.

C. The process of making a Class 423 product and adding a preservative thereto is classified in Class 423; the process of merely adding a preservative to a Class 423 product is also classified in Class 423.

D. A Class 423 product admixed with a substance which has one utility other than preserving attributed thereto is classified in the class providing for such utility if such class exists; otherwise classification is proper in Class 252, Compositions.

E. A Class 423 product admixed with a substance which has plural utilities other than preserving attributed thereto, all of which are unclaimed and such utilities are subjects matter for different classes, is proper for Class 252, Compositions.

F. A Class 423 product admixed with a preserving substance and the mixture is disclosed or claimed as having an art use is classified in the class providing for such use, e.g., table salt is properly classified in Class 426, Food or Edible Material: Processes, Compositions, and Products, a fertilizer comprising a phosphate and a preservative is proper for Class 71, Chemistry: Fertilizers.

G. 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.

SEE OR SEARCH CLASS

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

101+, for bleaching processes under the Class 8 definition, and especially Class 107 for processes using specific chemicals. 71, Chemistry: Fertilizers, see (6) Note. Par. F. above.

106, Compositions: Coating and Plastic, see (3) Note above.

252, Compositions,

186.1+, for oxidative bleaching compositions, per se, and 397+ for anti oxidant and chemical change inhibiting compositions, per se. See also (6) Note. Par. E. above.

260, Chemistry of Carbon Compounds, for (a) carbon compounds of known and undetermined constitution. In the situation wherein it is uncertain whether the compound is prepared by reacting two or more reactants, the original will be classified in Class 260 in accordance with the rule set forth in the Class 260 Definition (Page 260-2) (b) essential oils of undetermined constitution and their reaction products. See

236.6,. Single source essential oils of known constitution

combined with plural ingredients having a claimed, or solely disclosed food use are classified in Class 426, Food or Edible Material: Processes, Compositions, and Products. (c) extracts of both plant and animal origin. Same rule applys as in (b) above. (d) proteins, oils and fats from a single source.

422, Chemical Apparatus and Process Disinfecting, Deodorizing, Preserving, or Sterilizing, see (6) Note, paragraph C above and definitions of Class 422.

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

62, for bleach compositions, per se, to be used on live hair or skin, and subclasses 613+ for compositions under the 424 class definitions containing peroxide as an active ingredient.