US PATENT SUBCLASS 424 / 78.02
TOPICAL BODY PREPARATION CONTAINING SOLID SYNTHETIC ORGANIC POLYMER AS DESIGNATED ORGANIC ACTIVE INGREDIENT (DOAI)

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

78.02TOPICAL BODY PREPARATION CONTAINING SOLID SYNTHETIC ORGANIC POLYMER AS DESIGNATED ORGANIC ACTIVE INGREDIENT (DOAI) {5}
78.03  DF  .~> Skin cosmetic coating
78.04  DF  .~> Ophthalmic preparation
78.05  DF  .~> Anti-inflammatory or anti-irritant (e.g., anti-arthritic, etc.)
78.06  DF  .~> Skin burn or open wound treatment
78.07  DF  .~> Anti-infective

DEFINITION

Classification: 424/78.02

TOPICAL BODY PREPARATION CONTAINING SOLID SYNTHETIC ORGANIC POLYMER AS DESIGNATED ORGANIC ACTIVE INGREDIENT (DOAI):

(under the class definition) Subject matter wherein the designated organic active ingredient (DOAI) is a solid synthetic polymer used topically to treat a living animal.

(1) Note. The term designated organic active ingredient (DOAI) denotes a polymer which exhibits a physiological, pharmacological, or biological effect. Also, a solid synthetic polymer will be classified here if it behaves as a synergist or potentiator, i.e., one which will cooperatively act with an active ingredient to the extent that the total effect will be greater than the sum of the two individual effects. See (2) and (4) Notes below for further details on topical coatings.

(2) Note. Topical preparations are those medications whose properties are designed either to treat superficial areas; e.g., mucosa of the eyes, nose, mouth (not throat), etc., or epidermis; e.g., skin rashes, burns, lesions, rectum, and other external body parts. There are also medications, though applied topically, which are designed to be absorbed transdermally with the intention of being absorbed into the blood stream. For example, a scopolamine patch (a patch, per se, implies no structure) is used to treat motion sickness, a nitroglycerine patch is used to treat angina pectoris, and finally a clonidine patch is used to treat hypertension; likewise, nasal sprays to relieve sinus congestion or pain as well as rectal suppositories are all excluded from this subclass. A drug parenterally administered; i.e., intramuscularly, subcutaneously, or intravenously injected, is also excluded from this subclass. Patents placed here typically treat skin lesions, inflammations; e.g., iliac stoma, etc.

(3) Note. See Class 520, subclass 1, (9) Note, for a more complete discussion on what is a solid synthetic resin. No consideration is given to numerical expressions of molecular weight since these numbers can reflect solid, waxy, or liquid polymers.

(4) Note. This note serves to distinguish this class (424), subclasses 78.02 - 78.07 with Class 514, appropriate subclasses, and Class 523, subclasses 105+. A pharmaceutical or cosmetic composition is always sufficient for placement in Class 424. A composition containing a solid synthetic polymer, with or without a DOAI, used to form a barrier layer or film on living animals to ward off harmful or disturbing agents; e.g., radiation, animals, insects, chemicals, allergens, etc., to promote healing; e.g., burns, etc., or to reduce inflammation or irritation, etc., is proper herein. A surgical adhesive composition to be coated on a fabric, gauze, tape, etc., is classified in Class 523, subclass 111. A surgical adhesive composition; e.g., alphacyanoacrylate,

when applied directly to living animal tissues is classified herein.

(5) Note. A topical body preparation appropriate for this class, whose composition contains a monomer, prepolymer, or other chemical intermediates which forms a solid synthetic polymer after being applied and without the aid of catalysis, other than heat or water, is properly classified herein. Otherwise, classification is in Class 514, subclasses 772+. See this class, subclass 78.06 for examples to compositions containing moisture polymerizable alpha-cyano-acrylate to seal wounds and incisions. (6) Note. A composition containing a solid synthetic polymer as DOAI broadly disclosed or claimed as a germicide will be classified here since many of them are used topically.

SEE OR SEARCH CLASS

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

161, for processes of applying depilatory lotions or creams to the skin of living animals or compositions thereof.

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

1+, for a composition containing both a designated organic active ingredient (DOAI) and a nonactive solid synthetic polymer, subclasses 772.3, 772.2, and 788.1 for compositions devoid of a DOAI containing a solid synthetic polymer.

523, Synthetic Resins or Natural Rubbers,

105+, for nonmedicated compositions for contact with living animal tissue and especially subclass 111 for compositions used to protect wounds, lesions, etc. The mere method of using these compositions for contact with living animal tissue is classified either in Class 424 or Class 514. The following are examples of polymer compositions found in Class 523, subclasses 105+: (1) For manufacturing medical devices; e.g., blood bags, optical lenses, tubes, probes, cannulae, prostheses, catheters, surgical instruments, organs, etc. (e.g., from heparinized polyurethane, etc.); (2) For dental and body impressions; (3) Adhesive for bonding a textile to skin, surgical or medical dressings, etc; (4) As a dental adhesive or cement; (5) For absorbing body fluids other than by topical coating; e.g., sanitary napkins, etc.; (6) For manufacturing bandages; (7) As an osseous or bone cement for bone replacement or repair; e.g., one which contains hydroxyapatite, bio-active glass ceramic powder, crushed bone or particles of demineralized bone, calcium phosphate, etc.; (8) For slow release of pharmaceutically active agents (but not present).

525, Synthetic Resins or Natural Rubbers, appropriate

subclasses for a solid synthetic polymer which has been chemically aftertreated with a chemical or drug intended for topically treating a living body.

604, Surgery,

290, for a significant method of applying a body treating material or removing material from the body surface.