US PATENT SUBCLASS 424 / 1.11
RADIONUCLIDE OR INTENDED RADIONUCLIDE CONTAINING; ADJUVANT OR CARRIER COMPOSITIONS; INTERMEDIATE OR PREPARATORY COMPOSITIONS

Current as of: June, 1999
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424 /   HD   DRUG, BIO-AFFECTING AND BODY TREATING COMPOSITIONS

1.11RADIONUCLIDE OR INTENDED RADIONUCLIDE CONTAINING; ADJUVANT OR CARRIER COMPOSITIONS; INTERMEDIATE OR PREPARATORY COMPOSITIONS {11}
1.13  DF  .~> In aerosol, fine spray, effervescent, pressurized fluid, vapor or gas, or complete composition therefor
1.17  DF  .~> Attached to or within viable or inviable whole micro-organism, cell, virus, fungus or specified sub-cellular structure thereof (e.g., platelet, red blood cell)
1.21  DF  .~> Molecular bilayer structure (e.g., vesicle, liposome)
1.25  DF  .~> Dissolving or eluting from solid or gel matrix (e.g., capsule, tablet)
1.29  DF  .~> Coated, impregnated, or colloidal particulate (e.g., microcapsule, micro-sphere, micro-aggregate, macro-aggregate) {2}
1.41  DF  .~> Attached to lymphokine, cytokine, or other secreted growth regulatory factor, differentiation factor, or intercellular mediator specific for a hematopoietic cell (e.g., interferon, interleukin, macrophage factor, colony stimulating factor, erythropoietin); derivative thereof
1.45  DF  .~> Attached to cyclopentano-hydrophenanthrene (e.g., cholesterol, bile acid, steroids, cholane), hormone, or neurotransmitter, or other secreted growth regulatory factor, differentiation factor, or intercellular mediator (e.g., T3, T4, insulin, human chorionic gonadotropin, intragonadal regulatory protein, Mullerian inhibiting substance, inhibin, epidermal growth factor, nerve growth factor, dopamine, norepinephrine); derivative thereof
1.49  DF  .~> Attached to antibody or antibody fragment or immunoglobulin; derivative {1}
1.57  DF  .~> Attached to antigen or hapten; derivative thereof
1.61  DF  .~> In an inorganic compound
1.65  DF  .~> In an organic compound {4}

DEFINITION

Classification: 424/1.11

RADIONUCLIDE OR INTENDED RADIONUCLIDE CONTAINING; ADJUVANT OR CARRIER COMPOSITIONS; INTERMEDIATE OR PREPARATORY COMPOSITIONS:

(under the class definition) Compositions containing a radionuclide or an element intended to be converted to a radionuclide (such as Boron-10 which may be neutron-activated for radio-therapy); methods of making such compositions; class defined methods of using such compositions; class defined methods of using compounds, per se, containing a radionuclide or an element intended to be converted to a radionuclide; adjuvant or carrier compositions for perfecting compositions of this class; and intermediate or preparatory compositions for compounds or compositions proper for Class 424.

(1) Note. Radionuclide is an unstable isotope, capable of emitting radiant energy through a process termed decay. Commonly used terms which are substantially synonymous include: radiolabeled, radioactive, and radioisotope.

(2) Note. An intended radionuclide is an element which is by disclosure or common knowledge intended to be converted to a radionuclide to take advantage of the property or properties exhibited by a radionuclide. This subclass and indented subclasses should be read as incorporating the intended radionuclide embodiment in every instance.

(3) Note. All elements have multiple isotopes; some radioactive, some not; some naturally occurring; and some man-made. The recitation of a radionuclide will inherently encompass a mixture of isotopes; however, this is not sufficient for placement in Class 424. For placement in Class 424, an intentional mixture of different compounds or different elements or one (or more) of each is required.

(4) Note. Class 424 takes compounds mixed with a preserving agent when disclosed or claimed for a Class 424 function or

utility. Further, Class 424 provides for a solution of a compound when disclosed or claimed for a Class 424 function or utility.

(5) Note. The intermediate and preparatory compositions are provided for in this subclass and indented subclasses, even though the radionuclide or intended radionuclide may not be present in the claim. The adjuvant and carrier compositions are provided for in this and indented subclasses, even though the radionuclide or intended radionuclide may not be present in the claim. When there are also disclosed or claimed non-radionuclide uses of the intermediate, preparatory, adjuvant, or carrier composition, appropriate cross-references are necessary elsewhere in Classes 424 and 514.

(6) Note. Subclass 1.11 is the appropriate residual location for those compositions, and the appropriate class defined uses, containing a per se radionuclide element or a per se intended radionuclide element (i.e., the elemental material). For example, compositions and methods comprising radioactive Radon baths are found here. Any indication of a compound; i.e., attachment (e.g., recitation of an ion), dictates that proper placement is in an indented subclass, even in the absence of a specifically disclosed compound. In the case of an indicated, but not specifically disclosed compound, the original would be placed in subclass 1.61 and a cross placed in: subclass 1.65 for metal radionuclide or intended metal radionuclide; subclasses 1.81+ for nonmetal radionuclide or intended nonmetal radionuclide; or both. (7) Note. The following rule adheres to the rule set forth in Class 514, which statement in Class 514: (A) this and indented subclasses do not provide for cross-reference patents which are originally classified in Class 260, compound areas, or in the Class 530-570 series or in Class 585. Cross-reference patents that are originally classified in the Class 520 series are permitted; (B) the cross-reference rule elaborated above means that a specific compound having a disclosed or even specifically claimed utility (i.e., compound X having an attached radionuclide useful as an anti-cancer diagnostic or treatment agent) will be classifiable only in Class 260 or the Class 530-570 series or Class 585.

(8) Note. The terminology "derivative thereof" means that the compound retains the biological activity of the compound from which the subclass provides and from which it is derived, or that the compound retains the structural characteristic that places it in the subclass.

(9) Note. Kits. Claims and disclosures to in vivo kits are classified according to the following guidelines. The use of nominal terms to identify the kit such as "kit," "vial," "container," etc., are disregarded and placement is premised on the radiolabeled product intended for placement in the body even if the ingredients actually recited do not include

all the necessary components to form the radiolabeled product (e.g., intermediate). The presence of an accessory such as "instructions", "syringe", "filter", etc., have no effect on this aspect of placement. Claiming of significant packaging or container structure will result in placement in Class 206 when the packaging requirements of that class definition is satisfied.

SEE OR SEARCH THIS CLASS, SUBCLASS:

2+, for in vivo diagnostic compositions not comprising a radionuclide or intended radionuclide.

SEE OR SEARCH CLASS

75, Specialized Metallurgical Processes, Compositions for Use Therein, Consolidated Metal Powder Compositions, and Loose Metal Particulate Mixtures, appropriate subclasses for patents relative to the metallurgy of a radioactive metal element or alloy.

204, Chemistry: Electrical and Wave Energy, appropriate subclasses for a chemical process making a compound or element and involving the class defined use of electrical or wave energy.

206, Special Receptacle or Package, for kits which meet the class definition, particularly

438, for a container for an object or substance adapted for use in wound or disease treatment of the body, subclasses 216+ for container which is for two or more diverse articles or materials or which is structured so that at least a portion thereof is capable of rearrangement for a secondary purpose (especially subclasses 568, 569, and 570) and subclasses 524.1+ for container wherein the cover or contents are specified in terms of chemical constituents.

250, Radiant Energy, 496.1+, for a radioactive source alone or with a shielded container to selectively shield or expose the source, subclass 432 for generators which also separate parent and daughter isotopes.

252, Compositions,

625+, for a radioactive composition and methods of making and disposal thereof, not provided for elsewhere.

364, Electrical Computers and Data Processing Systems,

413.26, for methods processing data from radiation detection or treatment techniques.

376, Induced Nuclear Reactions: Processes, Systems, and Elements, appropriate subclasses for apparatus and processes

for the production and/or utilization of a radioactive material or composition, especially

156+, for bombardment of a material to produce an induced nuclear reaction (other than that resulting in the splitting of a nucleus); e.g., transmutation, making radioactive material, producing isotopes of the same or different element.

420, Alloys or Metallic Compositions,

1+, for radioactive alloys.

422, Chemical Apparatus and Process Disinfecting, Deodorizing, Preserving or Sterilizing,

50+, for apparatus for in vitro quantitative or qualitative chemical analysis and laboratory devices, especially subclass 61 for in vitro test package or kit (e.g., radioassay). 423, Chemistry of Inorganic Compounds,

2+, and 249+ for radioactive elements or inorganic compounds and class defined methods of making same.

427, Coating Processes,

2.1+, for coating processes producing a medical or dental product (e.g., coated pills) and subclasses 5+ for coating a radioactive base or applying a radioactive coating.

435, Chemistry: Molecular Biology and Microbiology, see appropriate subclasses: for processes in which a material containing an enzyme or micro-organism is used to perform a qualitative or quantitative measurement or test; for compositions or test strips for either of the stated processes; for the processes of making such compositions or test strips; for processes of using micro-organisms or enzymes to synthesize a chemical product; for processes of treating a material with micro-organisms or enzymes to separate, liberate, or purify a preexisting substance or to destroy hazardous or toxic waste; for processes of propagating micro-organisms; for processes of genetically altering a micro-organism; for processes of tissue, organ, blood, sperm, or microbial maintenance; for processes of malting or mashing; for micro-organisms, per se, and subcellular parts thereof; for recombinant vectors and their preparation; for enzymes, per se, compositions containing enzymes not otherwise provided for and processes of preparing and purifying enzymes; for compositions for microbial propagation; for apparatus for any of the processes of the class; for composting apparatus; and

4+, for in vitro processes in which there is a direct or indirect, qualitative or quantitative, measurement or test, by or of a material which contains an enzyme or micro-organism (for the purposes of Class 435, micro-organism

includes bacteria, actinomycetales, cyanobacteria (unicellular algae), fungi, protozoa, animal cells, plant cells, and virus). Class 424 definition contains controlling statements on the class lines.

436, Chemistry: Analytical and Immunological Testing, appropriate subclasses for processes which involve a chemical reaction for determining quantitatively or qualitatively the presence of a chemical element, a compound or a complex in a composition or a chemical compound, or an element or radical in a compound; for processes of measuring or testing the chemical properties of a sample, or chemically determining a physical property of a sample; for analytical compositions used in such processes (see Class 436, main definition, Lines With Other Classes and Within This Class, for exceptions); for chemical test standards; and for combinations of tests or measurements with methods of regulating a chemical reaction not otherwise provided for in a chemical synthesis class or elsewhere. See especially,

57+, for processes or compositions where the testing or a chemical reaction includes measurement of radioactivity; subclasses 500-548 for processes of in vitro measuring or testing which involve antigen-antibody, immunological, or protein binding interactions other than those involving an enzyme or micro-organism. Class 436 provides for in vivo production (i.e., by treatment of a live animal with a virus or micro-organism) of immunological (e.g., anti-sera) material when intended for use in an in vitro test.

530, Chemistry: Natural Resins or Derivatives; Peptides or Proteins; Lignins or Reaction Products Thereof, appropriate subclasses for, per se, compounds including those which have attached thereto a radionuclide, such as radiolabeled proteins, peptides, and polypeptides.

534, Organic Compounds,

10+, for an organic compound, per se, containing a radioactive metal. 600, Surgery,

1+, for a device or process applying radioactive substance to or into the body for a therapeutic purpose and wherein more than one nominal step or a series of nominal steps is recited, subclasses 431+ for diagnostic testing processes wherein the radioactive material is placed in the body, and subclass 436 for diagnostic testing processes involving nuclear radiation directed against and passing through or reflected from the body.