This class provides in general for products and compositions
in any physical form which are intended to be consumed by human
being or lower animals in whole or part via the oral cavity.
Food and edible will be used synonymously and interchangeable
herein only in those situations where the edible is intended to
be consumed and is not merely in a nontoxic form which is ancillary
to its ultimate and intended purpose, e.g., adhesive for stamps,
etc. This class includes the following subject matter not provided for
elsewhere.
A. EDIBLE PRODUCTS OR COMPOSITIONS
1. Products or compositions which historically have been
considered to be a food, and products or compositions which contain
a naturally occurring material (i.e., plant or animal tissue) which
has been historically regarded as a food; e.g., milk, cheese, apples,
bread, dough, bacon, whiskey, etc.
2. Products or compositions which are known to have or are
disclosed as having nutritional effect.
3. Products or compositions which are closed or claimed as
being edible or which; perfect, modify, treat, or are used in conjunction
with an edible such as (1) or (2) above or with another edible,
so as to become part of the edible composition or product, or which
converts a nonedible to an edible form.
4. Plural inorganic elements or minerals for fortification.
5. Mixtures of enzymes which are edible, per se, or which
are used in preparing a product or composition proper for this class.
6. Products or compositions proper for this class which contain
a live micro-organism which enhances or perfects the digestive action
of the intestinal tract, e.g., Bacillus acidophilus milk, etc.
7. Edible bait.
8. Edible products or compositions which have structural
characteristics.
B. EDIBLE FOOD PRODUCTS IN COMBINATION with Nonfood Materials
Which Are Generally:
1. Products or compositions of A. above in combination with
a package structure, inedible casing, a liner or base, an infusion
bag, etc.
2. Compounds which have the same function as in (A. 1-3)
in combination with an inedible material.
3. Potable water in a package.
4. Chewing gum and chewing gum bases, per se.
C. THIS CLASS IS THE GENERIC CLASS FOR:
1. Flavoring compositions wherein at least one of the ingredients
is not a carbohydrate type material.
2. Sweetening compositions wherein at least one of the ingredients
is a noncarbohydrate type material.
D. GRIT AND OTHER MATERIALS which are consumed so as to aid
in mastication of a food.
E. PROCESSES OF ADMINISTERING the products or composition
of A-D above to an animal via the oral cavity.
F. PROCESSES OF ADMINISTERING a compound having the same
function as the compositions or products of A-D above to an animal
via the oral cavity.
G. Processes Of Treating live animals with a product, compound,
or ferment that perfects the food made from said animal in combination
with a butchering operation, or processes of removing a food product
from a live animal followed by a treatment of the removed food,
or a butchering operation followed by an operation that is proper
for this class.
H. PROCESSES OF PREPARING treating or perfecting the products
or compositions of A-D.
I. SINGLE USE INFUSION containers or receptacles which are
specific for preparing a food and which are devoid of structure
which specifically cooperates with a food apparatus.
J. COMPOSITIONS AND METHODS OF USE solely disclosed or claimed
for treating or perfecting a food material.
CLASSIFICATION GUIDELINES FOR THIS CLASS:
Patents have been placed herein on the general rule of placing
the patent as an original in the first appearing subclass of this
class that provides for the claimed subject matter.
This class regards all ingredients or additives that are involved
in preparing an edible as being proper herein.
Therefor each ingredient or additive used in food preparation,
whether naturally occurring as a product of nature or synthetically
produced, that becomes a part of an edible composition, or treats
an edible composition or is either disclosed or claimed as being
edible, is to be regarded as being edible.
Ingredient or additive does not include packaging materials,
containers, paper products, etc. or any other material which would
not reasonably be regarded as being edible. Further, water in any
of its physical forms, carbon dioxide, nitrogen, the inert gases
or mixtures composed thereof are not regarded as an additive or ingredient,
except, wherein the same is specifically provided for by subclass
title or definitions thereof, e.g., ice coated, etc.
SECTION II - LINES WITH OTHER CLASSES AND WITHIN THIS CLASS
A. LINES WITH RELATED COMPOUND CLASSES
1. A compound, per se, is classified in the compound class
regardless of utility. However, a patent having only process claims
for making a protein and reciting the step of texturizing or other
food perfecting step will be classified in Class 426. Further a
texturized protein is proper for Class 426:
a. Where a patent claims a composition in nominal terminology
only, e.g., "a composition comprising an edible amount
of compound X", and there are no claims to a method to
use, the original has been placed in the compound class.
b. Where a patent contains at least one claim to a method
of use, even if the method refers only to a particular ingredient
as being edible, the patent has been placed herein as original,
(except when another use is also claimed which is superior to Class
426).
c. Where a patent claims a composition wherein at least two
materials are recited or wherein proportions are recited, the original
has been placed in Class 426, e.g., at least X%, etc.
See References to Other Classes, below, for Related Compound
Classes and the lines with Class 426.
B. LINES WITH RELATED COMPOSITION CLASSES.
1. 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.
2. Specific Class Lines:
See References to Other Classes for the line between Class
426 and Related Composition Classes
C. LINES WITH RELATED PROCESS CLASSES.
The following general rules only apply in those situations
where the process claims are (1) equally comprehensive, (2) control
ultimate classification, (3) and no specific note in Class 426 or
some other class is applicable.
1. General Treating Classes
The following general classification rules apply between Class
426 and the General Treating Classes.
a. The process claims are silent as to the material treated,
disclosure is specific to an edible, claims are limited to a sole
separation performed in one of the General Treating Classes, classification
is proper in the appropriate General Treating Class.
b. The process claims are silent as to the material treated,
disclosure is specific to an edible, the claims are limited to combined
operation provided for specifically in Class 426 and in a General
Treating Class, classification is proper in Class 426, except for
general treating Classes 241, Solid or Disintegration Material Comminution,
subclasses 6+ and Class 62, Refrigeration, subclasses 68+.
c. The process claims are drawn to treating edibles and nonedibles,
or are limited to edibles, the claims are limited to operation performed
in one of the General Treating Classes, classification is proper
in the appropriate General Treating Class.
d. The claims are classified in Class 426 when the claims
are limited to an edible and the treating involves an operation
that is provided for in Special Treating Class, e.g., molding, dyeing,
etc.; or are operations that are proper subject matter for Class
426, per se, e.g., preparing a composition, etc.; or are operations
that are provided for in a General Treating Class that are in combination
with a Class 426 operation, e.g., drying and subsequently cooking,
etc.; or are combinations of two or more General Treating Classes,
e.g., cleaning and then cutting, etc., or are combinational operations
that are specifically provided for in one of the General Treating
Classes and in Class 426 as well, e.g., freezing and packaging,
drying with cooling, except for Class 241, Solid Material Comminution
or Disintegration, subclasses 6+ and Class 62, Refrigeration
subclasses 68+ which specifically provide for edible materials.
e. The process claims are silent as to the material treated;
disclosure includes both edibles and non-edibles; claims are not
limited to subject matter for a single General Treating Class, classification
is proper in the appropriate General or Special Treating Class that
provides for the over-all combination.
f. The process claims are drawn to treating edibles and nonedibles;
claims are not limited to subject matter for a single General Treating
Class; classification is proper in the appropriate General or Special
Treating Class that provides for the over-all combination.
g. In the event that an appropriate General or Special Treating
Class is not available to handle the question of classification,
then classification will be based on alternatives such as superiority
of certain compositions over others (see the notes relating herein
to compositions and to methods of preparing thereof, Section C)
or will be based on superiority of types of technology (see DUPACS
section 326).
See References to Other Classes, below, for examples of General
Treating Classes in the following art areas (as well as the lines
between Class 426 and these classes):
2. Special Treating Classes
The following classification rules apply between Class 426
and the Special Treating Classes.
a. The process claims are silent as to the material treated;
disclosure is specific to a food, classification is appropriate
in Class 426.
b. Claims are limited to an edible; classification is proper
in Class 426.
c. The process claims are silent as to the material treated;
the disclosure refers to edible and nonedibles; the claims are limited
to operations performed in one special treating class; classification
is proper therein.
d. There are individual process claims to treating an edible
and a nonedible; the claims whether drawn to the edible or nonedible
are limited to operations performed in one Special Treating Class;
classification is proper therein.
e. The process claims are silent as to the material treated;
disclosure includes both edibles and nonedibles; claims are not
limited to subject matter for a single Special Treating Class; classification
is proper in the appropriate General or Special Treating Class that
provides for the overall combination.
f. Some classification as in (E) above when claims are presented
which are drawn to edible and nonedible species, and claimed subject
matter is not limited to a single Special Treating Class.
g. See 1 of this same section for a further discussion into
the classification of processes between classes.
See References to Other Classes, below for examples of some
of the Special Treating Classes and the lines between those classes
and Class 426.
D. LINES WITH PRODUCT CLASSES
1. Package Classes
Class 206, Special Receptacles and Packages, provides for
special receptacles adapted to contain an edible and for packaged
products not elsewhere provided for. Class 426, provides for (1)
a package which is solely disclosed or claimed as containing an
edible therein, or (2) a nonedible package containing packaged material,
therein, which material is additive in nature, said material being solely
disclosed for treating or perfecting an edible and wherein the edible
is not claimed in the package.
Class 221, Article Dispensing
Class 222, Dispensing, for processes and apparatus for dispensing
not elsewhere classified.
Classes 221 and 222 provide for Class 206 subject matter having
a significant dispensing feature.
Class 84, Music
2. Amusement And Music Classes
273, Amusement Devices: Games
446, Amusement Devices: Toys
The above classes provide for subject matter of their class
not limited by the claims or the disclosure to the use of an edible
ultimate consumption.
Class 426, provides for Class 84, Class 273 and Class 446,
subject matter limited by the claims or disclosure to utilizing
a Class 426 material which is ultimately intended to be consumed.
Questions of doubt as to whether the article prepared from or containing
a Class 426 material is ultimately to be consumed are to be resolved
by classification into Class 426.
473, Amusement Devices: Games
3. General Article or Product Classes
See References to Other Classes below for General Article
or Product Classes and the line with Class 426.
Bleaching and Dyeing; Fluid Treatment and Chemical
Modification of Textiles And Fibers, is the generic home for dyeing processes, and for
compositions for dyeing. Class 8 is also the generic home for processes,
for treating hides, skins, feathers, and animal tissues with chemical
and fluids and for the compositions used in such treatments. Class
8 is also the generic home for processes of bleaching. Class 426, provides
for dye composition, e.g., artificial coloring, etc., process of
dyeing and dyed material all limited to an edible. Class 426 also provides
for methods of treating animal material to prepare an edible therefrom,
e.g., casing, etc. and to the compositions used in such a treating
operation. Class 426 also provides for a method of bleaching an
edible, e.g., flour, etc., bleachant used in such a method, and
to the bleached product. (See Lines With Related Process Classes, "Special
Treating Classes" above).
Metal Working, for metallic or free-metal-containing materials
either in the form of a single layer or a stock material laminate
including at least two layers or components of such metalliferous
material next to each other. Class 426 provides for stock material
of the type in Class 29 in combination with a Class 426 edible. (See
Lines With Product Classes, "General Article or Product
Classes" above).
Drying and Gas or Vapor Contact With Solids, provides for drying processes or the contacting of
a solid with either or both a gas or vapor. Class 426, provides
for processes of treating edible materials which are subsequent
to a Class 34 operation, and all edible perfecting operations which
are precedent to or concurrent with a Class 34 operation, except
for operations involved in perfecting the Class 34 operation; Class
426 also provides for processes limited by the claims or disclosure
to the roasting or cooking of an edible. (See Lines With Related
Process Classes, "General Treating Classes" above).
Fishing, Trapping, and Vermin Destroying, for imitation or artificial bait with an emitting
substance, e.g., flavor, etc., and for the combination of an edible
bait and an inedible bait holder, etc., so as to conserve the bait.
Class 426, provides for processes of treating an edible with biocide
not elsewhere provided for, and for processes of treating and preparing
an edible bait and the resulting product. (See Lines With Product
Classes, "General Article or Product Classes" above).
Plant Husbandry, provides for processes of treating the earth and
its products which are not provided for elsewhere and provides specifically
for processes of treating agricultural products which have not been
separated from their natural habitat. Class 426 provides for processes
of treating agricultural products which have been separated from
their habitat so as to prepare or perfect an edible therefrom. (See "Special
Treating Classes" above).
Package Making, provides for methods of packaging contents including
the packaging of an edible material. Class 426, provides for the packaging
of an edible when said packaging operation is in combination with
additional steps for preparing, treating, or preserving the edible,
said steps occurring either precedent to, concurrent with or subsequent
to the packaging operation. (See Lines With Related Process Classes, "General
Treating Classes" above).
Textiles: Spinning, Twisting, and Twining, for textile strands, having structural limitations which
are coated or impregnated and where the coating or impregnation
took place prior to assembly thereof to form the product. Class 426
provides for a textile strand which is surface coated or impregnated
with a Class 426 edible. (See Lines With Product Classes, "General
Article or Product Classes" above).
Refrigeration, provides for refrigerating processes even though limited
to treating an edible,
subclass 58 for the separation of ice crystals so as to dry
an edible; subclass 60 for packaging a general commodity involving refrigeration;
subclasses 66+ and in particular subclasses 69+ therein
for introducing air while congealing a flowable material, e.g.,
ice cream, etc. Class 62 also provides for a refrigerated package
of general commodity. Class 426, provides for processes of refrigeration food
(1) combined with an additional food working operation or (2) wherein
the refrigerating agent becomes a part of the food (e.g., sugar
refrigerant also sweetens the food). Class 426, also takes a refrigerated
package limited to containing a food and a frozen article if it
is a food or used with a food for purposes other than cooling as
with ice. Claims to an article which functions as a food and some other
function is classified as an original in Class 426 and cross-reference
to Class 62. (See Lines With Related Process Classes, "General Treating
Classes" above).
Measuring And Testing, is the generic class for processes for performing
a test or measurement on an edible. Class 426, provides for processes of
performing a test or measurement on an edible combined with additional
steps for treating, preparing, or perfecting an edible, e.g., comminuting,
forming, adding ingredients, etc., except those operations that
are solely involved in perfecting the testing or measuring. (See Lines
With Related Process Classes, "General Treating Classes" above).
Cutting, provides for a mere method of cutting or severing
an edible; wherein the cut portions are all of the same type of
material. Class 426, provides for methods of cutting or severing
an edible combined with other operations for treating, making, or
prefecting an edible except for those operations that are solely
involved in perfecting the cutting or severing operation, as well
as methods for cutting or severing an edible plastic which results
in a molding or shaping of the edible by a flowing and reshaping
of the plastic edible. (See Lines With Related Process Classes, "General
Treating Classes" above).
Gas Separation: Processes, for processes involving steps resulting in separation
of a gas from a fluid mixture comprising (a) a gas and solid or
liquid particles entrained therein, (b) a liquid and gas entrained
therein, or (c) a plurality of gases. Class 426, provides for the
separation of a gas from an edible material when the separation
is part of an operation in perfecting the edible nature of the material
worked on or wherein the gas separation is utilized in a subsequent
edible perfecting operation. Operations designed to merely recover
a gas from an edible, wherein the gas itself has no edible value,
are proper in Class 95. (See "Special Treating Classes" above).
Foods And Beverages: Apparatus, for apparatus used in particular or perfecting a food,
in particular
subclasses 275+ , for beverage making apparatus and subclasses 324+,
for cooking apparatus. Also, the above subclasses for apparatus
provided therein (which performs a mechanical operation on the food
other than containing the same, e.g., package and related matter,
etc.) when combined with a food in name only. Class 426 provides
for processes and methods of using the apparatus of Class 99 in
a food preparing or treating operation. Class 426 also provides
for an infusion bag or receptacle, per se, of the single use variety
which is specific to preparing a food and which is devoid of structure
and which specifically cooperates with a Class 99 apparatus, and
for infusors having a soluble charge.
Presses, for methods of compacting by a mechanical interlock.
Class 426, for a process of compacting an edible or for a method
of expressing an edible liquid, combined with an additional operation
for treating, making, or prefecting an edible, with the exception
of an additional operation that is solely involved in prefecting
the compacting or compressing operation. (See Lines With Related
Process Classes, "General Treating Classes" above).
Compositions: Coating or Plastic, provides for a coating, impregnating, or plastic
composition not provided elsewhere. Class 426 provides for a coating,
impregnating or plastic composition which is solely disclosed or
claimed as being edible. (See "Lines With Related Composition
Classes" above).
Tobacco, for a tobacco product or to a tobacco substitute
intended to be smoked or chewed. Class 426 provides for chewing
gum and for flavoring compositions which may be used in tobacco
or in a tobacco substitute.
Sugar, Starch, and Carbohydrates,
subclasses 29 through 33for (1) Sugars, Starches, and Carbohydrates including
those claimed as being edible, (2) Impure forms of the above which
originates from a single source, e.g., maple sugar, etc. (3) mixtures
solely composed of any of the above even if claimed as being edible,
(4) any of the above subject matter combined with a preservative,
e.g., anti-caking, etc. Class 426, takes the combination of an edible
nonpreservative, in Class 127 type material combined with a Class
127 type material or mixture of compound so as to provide an edible composition
e.g., sugar syrup mixed with an essential oil, etc. (See "Lines
With Related Compound Classes" above).
Cleaning and Liquid Contact With Solids, for cleaning and liquid contact with solids including
the cleaning of an edible by removing naturally occurring material
therefrom. Class 426, provides for processes of treating a solid
edible with liquid material which is not elsewhere provided for.
Class 426, provides for all Class 134 processes which are combined
with other operations for treating, making, or prefecting an edible,
except for those that are involved in prefecting the Class 134 operation.
Class 426 also specifically provides for the removal of a pesticidal
residue. (See Lines With Related Process Classes, "General
Treating Classes" above).
Fluid Handling, in particular
subclass 125 for handling processes involving a carbonated potable
beverage prior to dispensing, Class 426 provides for methods of
handling a carbonated potable beverage combined with additional steps
for treating, preparing, or prefecting the beverage and which combination
is not provided for elsewhere. (See Lines With Related Process Classes, "General
Treating Classes" above).
Pipes and Tubular Conduits, provides for casings which are open ended and are
not disclosed as being edible. Class 426, provides for all edible
casings and all casings which are derived from animal material.
Questions of doubt as to whether the casing is edible or inedible
are to be resolved by classification into Class 138. Class 426 also
provides for all edible tubular products and for their method of preparation.
(See Lines With Product Classes, "General Article or Product
Classes" above).
Textiles: Weaving, for a single or plural layer stock material product
which is coated or impregnated and where the sole disclosure is that
coating or impregnation took place prior to weaving. Class 426
provides for a woven product which is coated or impregnated which is
a Class 426 edible. (See Lines With Product Classes, "General
Article or Product Classes" above).
Fluent Material Handling, with Receiver or Receiver
Coacting Means, for a process for filling a container with fluent
edible. Class 426, provides for the filling of a receiver with a
fluent combined with a step of treating, preparing, or perfecting
the edible, with the exception of those operations that are involved
in perfecting the filling operation.
Concentrating Evaporators, provides for processes peculiar to the concentration
of solids in solution or suspension, even if solely disclosed or
claimed as being edible, by the evaporation of the liquid containing
the solid and by the recovery of the concentrate. The concentrate may
be a liquid and need not be carried to the point of crystallization
or dryness. Class 426, provides for processes limited to concentration by
evaporation and the recovery of an edible material, wherein said
concentrating step is combined with other operations for treating, making,
perfecting an edible, except for those operations that are solely
involved in perfecting the concentrating operation. (See Lines With
Related Process Classes, "General Treating Classes" above).
Animal Husbandry, for a method of treating an animal other than man
to improve its well being including the feeding of an edible thereto and
for inventions applicable to the propagation, rearing, training,
e.g., flavored catnip balls, etc., and care of living animals.
Class 119, also provides for treating an animal to increase its
growth rate or produce a superior quality of meat if the method
is more than the mere application or applications of a class 426 compound
or composition. Class 426, provides for a mere method of feeding
an edible to an animal; provides for converting inedible forms of
an animal into an edible condition; provides for the treatment of
an animal followed by a slaughtering operation; provides for grit
and processes of preparing grit useful for mastication; provides
for methods of feeding an animal and utilizing the waste material
of the animal as an edible material. (See Lines With Related Process
Classes, "Special Treating Classes" above).
Adhesive Bonding and Miscellaneous Chemical Manufacture, is the general home for processes of manufacturing
an article involving a chemical reaction and for processes of bonding parts
together utilizing a nonmetallic cement. Class 426, for claims
or claimed disclosure limited to the bonding together of a material which
is partly or wholly edible, e.g., sandwich, cookie, etc. (See Lines
With Related Process Classes, "Special Treating Classes" above).
Paper Making and Fiber Liberation, provides for paper impregnated with a nonfiber additive, said
additive having been incorporated into the paper prior to being
made into a paper stock. Class 426 provides for a paper made by
a Class 162 operation wherein the nonfiber additive is a Class 426
edible. (See Lines With Product Classes, "General Article
or Product Classes" above).
Heat Exchange, provides for processes relating to the transfer
of heat from one material to another. Class 426, provides for processes
of heat exchange limited by the disclosure or claims to heating
an edible. Class 426, provides for fermentation processes that
are solely disclosed or claimed in preparing an edible, and for
mixtures of enzymes or ferments solely disclosed or claimed as edible
or used in the preparation of an edible. Class 426 provides for
compositions and processes of preparation relating to compositions
which have the capacity to ferment and produce an edible, but which are
claimed as being in an inactive state, and also provides for compositions
which are undergoing a fermentation to produce an edible product.
(See Lines With Related Process Classes, "Special Treating
Classes" above).
Distillation: Processes, Thermolytic, provides for the heating of a solid carbonaceous
material to cause a compound or compounds in the material to undergo
a chemical decomposition to form different chemical substances,
at least some of which are volatile under the conditions employed
and unvaporized solid carbonaceous material. Class 426, provides
for a class 201 type distillation operation wherein the claims or
claimed disclosure is limited to preparing or perfecting a food.
(See Lines With Related Process Classes, "Special Treating
Classes" above).
Distillation: Processes, Separatory, provides for processes of merely recovering alcohol from
a fermented beverage by distillation without the preparation of
the beverage. Class 426, provides for separatory distillation processes limited
to edible treating or perfecting. Class 426 also provides for processes
of removing alcohol to prepare a distilled beverage by a distillation
process. (See Lines With Related Process Classes, "Special
Treating Classes" above).
Chemistry: Electrical And Wave Energy, for processes in general for treating or preparing materials
involving the application of electrical, radiant, or wave energy;
and for processes of preparing vitamins involving electrical or wave
energy. Class 426, provides for processes limited by a claim or
by the disclosure to treating or preparing an edible by the application
thereto of electrical, radiant, or wave energy. (See Lines With
Related Process Classes, "Special Treating Classes" above).
Classifying, Separating, and Assorting Solids, provides for methods of separating solid materials
including an edible and assorting or segregating them in grades
or classes according to physical characteristics, e.g., separation
of grain, vegetables, flour, etc. Class 426, provides for all processes
of class treating an edible by a Class 209 operation in combination with
an operation not provided for elsewhere and for combinations of
operations provided for in Class 209 which are limited to operating on
an edible. (See Lines With Related Process Classes, "General
Treating Classes" above).
Article Dispensing, provides for processes of dispensing which may involve
dispensing of an edible material. Class 426, provides for methods
of dispensing edible materials combined with additional steps of
treating, preparing, or perfecting the edible other than those operations
which are solely involved in perfecting the dispensing operation.
(See Lines With Related Process Classes, "General Treating Classes" above).
Dispensing, provides for processes of dispensing which may involve
dispensing an edible material. Class 426, provides for processes
of dispensing edible materials combined with additional steps for
treating, preparing, or perfecting the edible other than those operations which
are solely involved in perfecting the dispensing operation, and
for operations of dispensing where the material is shaped by the outlet
of a dispenser so that the material delivered has a desired shape.
(See Lines With Related Process Classes, "General Treating Classes" above).
Liquid Purification or Separation, for a process of the type classified in Class 210
not limited by a claim or by the disclosure to an edible; and for
methods of purifying or separating water. Class 426, provides for
a process of purifying or separating a liquid other than water when
the liquid is claimed or solely disclosed as being edible. (See
Lines With Related Process Classes, "Special Treating Classes" above).
Electric Heating, provides for processes of electrically heating a
material. Class 426, provides for processes of electrically heating
a material claimed or solely disclosed as being edible. (See Lines
With Related Process Classes, "Special Treating Classes" above).
Solid Material Comminution or Disintegration, provides (1) for comminuting of solid cereal materials
or other seed or seed parts, per se; (2) for comminuting plus physical
steps which facilitate the comminuting of the material of (1) above;
or (3) for additional steps involving these materials combined with
comminuting, such as (A) Separation or classification of the material
into grades or sizes, including the recombining of separated ingredients
of a single starting material; (B) Separation of fluids from the
material involving no chemical change in the material, e.g., filtering,
drying, etc.; (C) Heating or cooling the material; (D) Separating
of comminuting aids from the material, which operation may involve
dissolution or a chemical reaction. Class 426, provides for all
processes in preparing, treating, or perfecting an edible seed or
seed part not provided for in Class 241 and for all operations involving comminuting
or disintegrating of any other edible material. (See Lines With
Related Process Classes, "General Treating Classes" above).
Chemistry of Carbon Compounds, Class 426: Provides for a Class 260 compound in
admixture with a preservative when the mixture thus formed is claimed
or solely disclosed as having a Class 426 utility. Provides for
an extract solely disclosed or claimed as having a Class 426 utility
and not provided for elsewhere. Provides for an essential oil composed
of a plurality of constituents solely disclosed or claimed as having
a Class 426 utility. Provides for compositions solely disclosed
or claimed as having a Class 426 utility which are admixtures containing
at least one Class 260 compound. Provides for a mixed product of
reacted and unreacted components which is solely disclosed or claimed
as having a Class 426 utility and which is produced by chemically
reacting a Class 260 natural or single source product, which reaction
only effects a reaction on certain of the components of the natural
or single source product. Provides for a mixture which is solely
disclosed or claimed as having a Class 426 utility and which is
produced by removing a component from a Class 260 natural or single source
product. Provides for a product which is solely disclosed or claimed
as having a Class 426 utility and which is produced by first treating
so as to separate a Class 260 natural or single source product into
components and then reblended. Provides for plant extracts and essential
oils, including those from a single source which usually are treated
as compounds, which have traditionally been used as condiments,
flavor enhancers, seasoning or flavoring; such as citrus oil, etc.
(See "Lines With Related Compound Classes" above).
Plastic and Nonmetallic Article Shaping or Treating:
Processes, is the generic class for processes for molding, casting
or shaping of nonmetallic materials. Class 264 provides for example,
in
subclass 4 for encapsulating normally liquid materials, subclasses
41+ for pore forming in situ, subclasses 73+ for
random variegated coloring during molding, subclasses 109+ for
forming articles by uniting randomly associated articles, subclasses
176+ for shaping by extrusion and in particular subclass
202 for protein shaping, and subclasses 239+ for mechanical
shaping or molding to form or reform a shaped article. Class 426,
provides for processes of the type classified in Class 264 when
said processes are solely claimed or solely disclosed for the treatment
of an edible material. (See Lines With Related Process Classes,
"Special Treating Classes" above).
Induced Nuclear Reactions: Processes, Systems,
and Elements, for processes of subjecting an edible to nuclear
radiation by a nuclear reactor provided that more than just a mere
reference to a nuclear reactor is claimed. Class 176 also provides
for processes of irradiating an edible for the purpose of research
or in preparing a specimen. Class 426, provides for a process of
subjecting an edible to a nonstructurally defined radiation device.
(See Lines With Related Process Classes, "General Treating
Classes" above).
Chemical Apparatus and Process Disinfecting, Deodorizing,
Preserving, or Sterilizing, is the generic class for process of disinfecting,
preserving, deodorizing, or sterilizing. See Class 426, for claims
or claimed disclosure limited to disinfecting, preserving, deodorizing,
or sterilizing an edible material and not elsewhere specifically
provided for. (See Lines With Related Process Classes, "Special
Treating Classes" above).
Chemical Apparatus and Process Disinfecting, Deodorizing,
Preserving, or Sterilizing, provides for processes of performing a test or measurement
on an edible involving chemical reaction. Class 426, provides for
processes of performing a test or measurement on an edible combined
with an additional operation for treating, preparing, or perfecting
an edible, with the exception of an additional operation which is
solely involved in perfecting the test or measurement. (See Lines
With Related Process Classes, "General Treating Classes" above).
Chemistry of Inorganic Compounds, for inorganic compounds and nonmetallic elements and to
methods of preparation thereof, not elsewhere provided for. Class
423, provides for inorganic compounds or nonmetallic elements claimed
as having a Class 426 utility, and see in particular
subclass 265 therein for the line between Class 423 and Class
426 regarding a preservative agent in combination with a Class 423
material. Classes 532-570 provide for organic compounds and processes
or preparing such compounds, not provided for elsewhere, including
those claiming a 426 utility. Plant extracts and essential oils,
as well as processes for preparing them, when claimed, disclosed
or historically considered to have use as a food or flavoring agent
are not provided for in the 532-570 Series of Classes; they are
provided for in Class 426 even when derived from a single source.
(See "Lines With Related Compound Classes" above).
Drug, Bio-Affecting and Body Treating Compositions, provides: i. for an edible composition designed
to be administered to an animal by a route which is other than
the oral cavity; ii. for an edible composition which contain
an additive in excess of the normal amount that is usually required
of that additive so as to maintain the normal metabolism of the
animal, e.g., vitamin, amino acid, etc.; iii. for compositions
solely composed of vitamins with or without a carrier; iv.
for a nonlaxative additive in combination with a natural edible
which protects the ultimate consumer of the edible from deleterious
effects which are the natural in sequence of consuming the edible,
e.g., high cholesterol eggs, etc.; v. for a Class 426 composition
containing an animal growth regulator or other anabolic agent. For
purposes of classification an animal growth regulator or anabolic
agent is defined to include the following illustrative causative
effects: increase feed efficiency or weight gain; enhance color
of eggs yolks, combs, skin, or legs of chickens; enhance the hatchability
of eggs; vary the fat-protein ratio of texture or flesh; chemically
caponize an animal; for an adjuvant or carrier composition, per se,
solely disclosed or claimed as perfecting a Class 426 composition,
e.g., flavor, sweetener, etc.
Class 426 provides: a. for a composition or mere method
for treating an abnormal metabolic condition of an animal by varying
the nutritional ingredients, fat, carbohydrate, or protein, so as
to meet the special nutritional needs of the abnormal metabolic
condition, e.g., diabetes, etc.; b. for a mineral composition,
per se; c. for a flavoring composition not elsewhere provided for
which contains at least one noncarbohydrate type flavor ingredient; d.
for a Class 426 edible preserved by the use of a Class 424 biocide;
e. for a significant method of treating a Class 426 composition
or product with a Class 424 biocide or preservative; f. for a Class
426 composition containing a live micro-organism so as to treat
the intestinal tract of an animal, so that the Class 426 function
will be perfected, e.g., bacillus acidophilus lacteal product, etc.
(See "Lines With Related Composition Classes" above).
Coating Processes, is the generic class for methods of coating in general.
Class 426 takes coating or impregnating methods which prepare,
treat, or preserve a material which is wholly or partially edible,
e.g., fat coated, inedible base, etc. (See Lines With Related Process Classes, "Special
Treating Classes" above).
Stock Material or Miscellaneous Articles, is the residual Class for a stock material product in
the form of a single or plural layer web or sheet and for articles
of manufacture for which no other classification exists. Class
426 provides for edible articles and for nonstructural laminates
wherein one or more of the layers contains a Class 426 edible and
wherein the product is designed for a Class 426 purpose. (see Lines
With Product Classes, "General Article or Product Classes" above).
Chemistry: Analytical and Immunological Testing, provides for processes of performing a test or measurement
on an edible involving a chemical reaction. Class 426, provides
for processes of performing a test or measurement on an edible combined
with an additional operation for treating, preparing, or perfecting
an edible, with the exception of an additional operation which is
solely involved in perfecting the test or measurement. (See Lines
With Related Process Classes, "General Treating Classes" above).
Butchering, (General Treating Class) provides for: 1. Killing
or dressing mammalian meat, fowl, and seafoods, (e.g., separating
flesh and bone, removing hair or feathers, shelling skinning, deheading,
trussing). 2. Stuffing and/or linking sausages 3. Encasing
or casing removal 4. Cleaning intestines 5. Shirring casing both
natural and artificial 6. Mechanical or manipulative or electrical
tendering of meat. Class 426, provides for: 1. Any of the above operations
when combined with an edible perfecting operation, e.g., cooking,
canning, mixing with a diverse edible, etc. (See Lines With Related
Process Classes, "General Treating Classes" above).
Plant Protecting And Regulating Compositions, provides for compositions having a stimulating,
inhibiting (herbicide) or regulating action on plant growth and
methods of using such composition. Class 426 provides for treating
plants which have been separated from their habitat so as to prepare
or to perfect an edible, e.g., ripening of fruit, etc. Class 504
is superior to Class 426. (See hierarchy list in Lines With Related
Composition Classes above).
Perfume Compositions,
subclasses 302+ for compositions in the form of a colloid, gel
or emulsion; subclasses 186+ and 188+ for oxidative
and reductive bleachants, respectively; subclasses 380+ for
a preservative composition not elsewhere provided for, and for a
preservative mixed with a compound claimed so broadly as not to
afford a basis of classification; subclasses 1 through 27 for a
perfume composition, per se.
Synthetic Resins, or Natural Rubbers, appropriate subclasses, particularly Class 523,
subclasses 100+ for a nonedible composition containing a synthetic
resin or natural rubber and which is intended to come into contact
with food or tobacco or to processes of preparing said composition.
426 provides for bleaching compositions specific for food; for edible
compositions in the form of a gel, colloid, or emulsion; for preservatives
which are edible; and for flavoring compositions not elsewhere classifiable.
SECTION IV - GLOSSARY
The meaning to be given to the various "Art" terms appearing
in this class, but which have not been included in the glossary
below, is the same as that generally accepted or in common usage.
ADDITIVE
Substance or a mixture of substances used primarily for purposes
other than its nutritive value and added to a food in relatively
small amounts to (1) impart or improve desirable properties (2)
or suppress undesirable properties, and (3) may become a part of
the food or be transitory in nature. (Compare ingredient below which in
some instance may be an additive).
BASIC INGREDIENT
Principal constituent (except added water) of a composition
considered to be the fundamental part and by which the composition
is (usually) identified. Usually the basic ingredient constitutes
the major portion of the composition, e.g., chocolate milk-milk
is the basic ingredient. In those instances wherein a plurality
of percentages of the ingredients are given that ingredient which
constitutes 50 of the total composition (excluding added water)
is considered to be the basic ingredient. The 50% may
be determined by summing like ingredients, e.g., lactose, whey and
butter fat are all lacteal derived.
CARBOHYDRATE
Compound, the monomeric units of which contain at least
five carbon atoms, and their reaction products wherein the carbon
skeleton of carbohydrate unit is not destroyed. Alcohols and acids
corresponding to carbohydrates, such as, sorbitol ascorbic acid,
or mannonic acid are not considered as being carbohydrates.
DRY
Products which are as a complete product free or relatively
free from water and under normal ambient conditions involve such
characteristics, but not necessarily each and every one, as free
flowing, dry to the touch, nontacky or sticky, nonadhesive, granular,
powder, tablet, flake, flour, meal, particulate, pellet, finely
divided, etc.
FERMENT
Any enzyme or any living organism that is capable of causing
or modifying a fermentation.
GENERAL TREATING CLASS
Class that includes the treatment of an edible, per se.
INGREDIENT
Component part (usually a major one) of mixture that goes
to make a food. (Compare additive above which in some instance
may be an ingredient).
ISOLATED TRIGLYCERIDIC FAT OR OIL
Fat or oil (as defined below) that is free of any of
the plant or animal tissue from which it is derived.
PACKAGE
Mercantile combination of an edible material fully encased,
encompassed, or completely surrounded by a solid material.
SPECIAL TREATING CLASS
Class that does not include the treatment of an edible, per
se.
TISSUE
Material containing a certain amount of the original
animal or plant as against an extract which is considered to be
devoid of original cellular structure. Included within the term
are materials which are chopped, cut, comminuted, pulverized, milled,
slice, etc.
TRIGLYCERIDIC FAT OR OIL
Esters of glycerol and a higher fatty acid (i.e., a monocarboxylic
acid containing an unbroken chain of at least 7 carbon atoms bonded
to a carbonyl group) wherein the three available hydroxyl functions
of the glycerol are esterified by a same or different fatty monocarboxylic acid.
Triglycerides are the chief constituents of the naturally occurring
fats and oils.
This subclass is indented under the class definition. Subject matter involving a food or the preparation of a
food, adapted or designed by either the ingredients comprising the
product, or by some other means to attract an animal, either for
the purpose of feeding the animal or for the purpose of capturing
the animal so that it can be used as a food.
Drug, Bio-Affecting and Body Treating Compositions, for baits or attractants which are not considered
as animal foods and which are disclosed as having utility as an
attractant or lure operating through one of the senses, usually
smell or taste.
This subclass is indented under the class definition. Processes involving the overt treatment of a live animal.
(1)
Note. Examples of methods within this subclass are mere methods
of feeding animals, killing an animal followed by a food working
operation, injecting animals with a material which modifies the meat
characteristic of the animal followed by a slaughtering operation,
milking cows followed by a treatment of the milk.
Drug, Bio-Affecting and Body Treating Compositions, for compositions for curing or preventing a disease
in an animal and for a process of using such a composition, and
for a composition for maintaining, increasing, decreasing, limiting
or destroying a physiologic body function and to a method of using
such a composition.
NORMALLY NONINGESTIBLE CHEWABLE MATERIAL OR PROCESS OF PREPARATION
This subclass is indented under the class definition. Products which are intended to be chewed and not ingested,
or to methods of preparation of such products.
(1)
Note. Although a substantial mass of the original material
is usually ingested by solvating with the saliva of the mouth during
chewing, a substantial amount of the original mass is nonsoluble
and is usually ejected from the mouth for disposal rather than being
swallowed.
(2)
Note. Included herein are the nonsweetened or nonflavored
chewing bases, per se.
This subclass is indented under subclass 3. Subject matter wherein the chewing material is of a type
which possesses a low-adhesive or low tacky quality.
(1)
Note. The term low-adhesion or tackiness applies to materials
within the mouth as well as to materials that possess these same
qualities external to the mouth.
This subclass is indented under subclass 3. Subject matter which is either packaged or which possesses
a structural or identifiable shape retaining form.
(1)
Note. Included herein are coated or impregnated materials,
bonded or laminated layers, and products which have a recognizable
structure, e.g., tube, ring, etc.
This subclass is indented under subclass 3. Subject matter therein at least one of the ingredients of
the chewing base is a solid synthetic polymer which has been prepared
through the polymerization of an ethylenic group of an unsaturated
monomer.
This subclass is indented under the class definition. Processes wherein an enzyme is employed bio-chemically to
prepare a food or to perfect a food.
(1)
Note. The enzyme can be initially present, such as in autolysis
or can be added.
(2)
Note. The enzyme can be in any active state, e.g., as in
a micro-organism or plant material.
(3)
Note. Classification herein is on the basis of the first
appearing material that is subjected to a fermentation reaction and
is bio-chemically affected and not on the basis of the first appearing
material, per se. For instance, the fermentation of a milk product
and subsequent addition thereto of a cereal product is classifiable
in the milk area which is lower down in the schedule hierarchy than
is the cereal area. In the event that it is uncertain whether a
fermentation reaction is occurring on a particular substrate classification
in the first appearing area would be proper.
(4)
Note. Classification herein is based on the process of fermenting
a particular food substrate to result in a desired food product
rather than on the basis of culturing a micro-organism or in the
preparation of active enzyme materials which are to be used in later
food fermenting operations.
(5)
Note. Classification is proper herein if the claims are uncertain
as to whether a fermentation reaction is occurring, but the specification
discloses a fermentation reaction occurring within the bounds of
the claimed process limitations. An example of such a situation
is in the failure of many patent claims to recite the use of yeast
in dough working operation, while the disclosure recites yeast as
being an inherent part of the dough manufacturing operation.
Plant Husbandry, for processes or apparatus for cultivating or culturing mushrooms,
for sprouting or germinating seeds for planting or testing the sprouted
or germinating power of seeds; articles or compositions that include
seeds and either bacteria or other ferments, and processes of making
such articles or compositions; processes of cultivating or culturing
seed plants or other nonfungal plants that include fermentation.
Liquid Purification or Separation,
subclasses 2+ for processes of treating impure liquids by a living
organism, e.g., bacteriological digestion of sewage, etc.
Drug, Bio-Affecting and Body Treating Compositions, particularly
subclasses 50 , 93.1+ and 94 for a drug, bio-affecting
or body treating composition containing an active enzyme, bacteria
or other ferment.
Chemistry: Molecular Biology and Microbiology, appropriate subclass, for processes that include
food fermentation but are not claimed as peculiar thereto are in
this class (435). Culturing or propagating methods, per se, even
though peculiar to food micro-organisms are also in this class (435).
Single enzyme systems are in class (435) while mixed organisms and
mixed enzyme systems peculiar to food are in Class 426.
This subclass is indented under subclass 7. Subject matter which involves a food material and packaging
the material for the overt purpose of carrying out a bio-chemical
change of the food in the package or in preventing a bio-chemical
change in the food while in the package.
(1)
Note. Consumption of oxygen in a packaged food by a living
organism is included in this subclass.
(2)
Note. This subclass includes alcoholic fermentation in a
mercantile container such as in the preparation of sparkling wines.
(3)
Note. The package itself must be of the mercantile type.
Fermentation in closed containers wherein the product is improved
and then repacked into commercial packages is not the type of fermentation
reaction intended to be placed herein. See subclasses 392+ for
a discussion of packaging and the scope of what is considered to
be packaging.
(4)
Note. To be placed herein there must be an intent to
have fermentation in the package. However, the operative may include
opening of the package subsequent to fermentation with the removal of
unwanted contents and subsequent closure as well as sealing of foods
in closed containers which have vent holes which must be closed
after the fermentation reaction in order to complete a final mercantile
package structure.
This subclass is indented under subclass 7. Subject matter involving the fermentation of a material
in the presence of an added functional biocide or biostat.
This subclass is indented under subclass 7. Processes involving fermentation employing an enzyme capable
of oxidizing glucose to gluconic acid and known generically as glucose oxidase.
(1)
Note. Deoxygenating of a glucose containing product employing
a live micro-organism rather than an enzyme composition is to be
found elsewhere in this class depending on the substrate employed.
This subclass is indented under subclass 7. Processes involving the fermentation of a substrate to yield
an ethyl alcohol containing beverage or the fermentative treatment
of a prepared alcoholic beverage wherein the final product is consumable
in beverage form and still contains a portion of ethyl alcohol.
(1)
Note. Unless otherwise noted a dealcoholized substrate will
be presumed to be partially devoid of its original alcohol content
rather than being completely devoid of alcohol and will be proper herein.
This subclass is indented under subclass 11. Processes involving the addition of an enzyme or enzyme
active material to an alcohol containing beverage to stabilize,
purify, or prevent turbidity formation.
for the addition of an enzyme or a bio-active material
to a malt wort followed by a subsequent alcoholic fermentation or
to a recited ongoing alcoholic producing fermentation.
This subclass is indented under subclass 11. Processes involving the fermentation of a substrate by two
or more different enzymes from different sources, or two or more
different micro-organisms functioning either simultaneously or sequentially.
(1)
Note. Malting followed by an alcoholic fermentation is considered
proper subject matter for this subclass.
This subclass is indented under subclass 11. Processes involving an alcoholic fermentation followed by
the removal of the alcohol, either by distillation or otherwise;
or the fermentative treatment of a reduced alcohol or dealcoholized containing
stock wherein the final product still contains some alcohol.
(1)
Note. Unless otherwise noted a dealcoholized substrate will
be presumed to be partially devoid of its original alcohol content
rather than being completely devoid of alcohol.
for a process of reducing alcohol concentration
by converting the alcohol containing stock into vinegar utilizing an
enzyme or bio-active containing material.
This subclass is indented under subclass 18. Processes which involves the preparation or treatment of
a hydrated wheat flour system containing the yeast, i.e., Saccharomyces
cerevesiae, wherein the preparation of treatment involves the combining
of deverse food materials or the use of a permanent additive.
(1)
Note. Such unqualified terms as to the use of yeast type
as yeast, per se, baker"s yeast,
leaven, or unqualified processing steps as fermenting, leavening,
proofing, proving, expansion, raising, adding a starter, are sufficient
to bring a document within this or the indented subclass.
(2)
Note. The inclusion of an active enzyme in a process claim
is regarded as being a fermentation reaction even if the claim fails
to recite that a fermentation reaction is actually taking place.
(3)
Note. Flour unqualified is interpreted as wheat flour.
This subclass is indented under subclass 19. Processes wherein an active enzyme or active enzyme containing
or producing material or micro-organism is added to a system to
which a fermenting yeast has been added or will be added.
This subclass is indented under subclass 19. Processes wherein the active hydrated wheat flour system
contains a different plant tissue material in addition to wheat.
This subclass is indented under subclass 19. Processes which involve either the mixing with or treatment
of a hydrated wheat flour system with a peroxide containing compound,
prior to or concurrent with, the yeast fermentation step.
This subclass is indented under subclass 19. Processes which involve the addition to or treatment of
a hydrated dough system with an amino acid or compound containing
two or more amino acids joined together by a peptide linkage, prior
to or concurrent with, the yeast fermentation step, e.g., proteins,
protein hydrolyzates, etc.
(1)
Note. Processes which employ protein containing material
e.g., meat, eggs, etc.., in a nonseparated state are excluded herefrom
and will be found below in the schedule.
This subclass is indented under subclass 19. Processes which involve the addition to and or treatment
of a hydrated wheat flour formulation, prior to or concurrent with,
the yeast fermentation step, with an organic ester compound other
than a triglyceride and which is comparable in structure with a
compound formed by replacing the hydroxyl group of an alcohol or
phenol by an acid radical with the elimination of water and wherein
the acid radical has the general formula R--O.
(1)
Note. Included herein are phosphatides and compositions containing
same.
This subclass is indented under subclass 19. Processes which involve the addition to and or treatment
of a hydrated wheat flour system with a carboxylic acid (R-COOH)
or a salt thereof, prior to or concurrent with, the yeast fermentation
step.
(1)
Note. Vinegar is regarded for purposes herein as being an
organic acid.
This subclass is indented under subclass 19. Processes which involve the addition to or treatment of
a hydrated wheat flour with an inorganic compound, prior to or concurrent with,
the yeast fermentation step.
(1)
Note. Salt (NaCl) is not regarded as being an inorganic compound
for this subclass and will be found in subclass 19.
This subclass is indented under subclass 18. Processes involving the fermentation of a malted cereal,
or a cereal utilizing malt as the active enzyme source, or the treatment
of a cereal utilizing an amylolytic or diastatic type enzyme.
(1)
Note. Malting is the conversion of starches into simpler
products such as dextrin and maltose.
This subclass is indented under subclass 28. Processes wherein the resulting fermented product is a beverage,
per se, a beverage mash, or beverage wort.
This subclass is indented under subclass 18. Processes wherein the material fermented contains an isolated
or separated cereal bran or husk, or is a cereal residue, e.g.,
distillers residue, etc.
This subclass is indented under subclass 7. Processes wherein the substrate fermented is egg white,
per se, gelatin, collagen, or animal blood or blood derived material.
This subclass is indented under subclass 7. Processes wherein the fermentative substrate contains an
isolated triglyceride other than those which are derived from a
lacteal source.
This subclass is indented under subclass 34. Processes involving the use of an enzyme which acts on the
fats contained in lacteal derived materials and which will cleave
a fat to a fatty acid residue.
(1)
Note. The type of enzyme materials which are proper herein
are usually characterized as being, lipolytic, lipase type or fat
breakdown enzyme.
This subclass is indented under subclass 34. Processes involving the preparation or treatment of a cheese
curd, or cheese.
(1)
Note. Processes wherein curd formation occurs as an intermediate
step and is subsequently destroyed, or where curd is treated so
that the final product contains substantially no curd formation,
are excluded herefrom and will be found under subclasses 34+ on
some other basis.
This subclass is indented under subclass 36. Processes which involve the fermentation of a formed cheese
or cheese curd by an added active bio-chemical agent.
(1)
Note. Processes which involve curing or aging of a cheese
or cheese by ferments which are in the cheese or curd or which have
been added prior to cheese curdling are not proper herein and will
be found under subclasses 36+ on some other basis.
Processes under 36 wherein an acid or acidic material separate
from that which may be produced by fermentation is added prior to
the onset of fermentation and wherein the acid or acidic material
is derived from other than a lacteal source.
This subclass is indented under subclass 36. Processes which involve a physical treatment of the starting
milk or the addition of a material to the milk prior to the onset
of fermentation.
(1)
Note. Milk for purposes of this subclass includes whole milk,
skim milk and buttermilk.
This subclass is indented under subclass 34. Processes wherein whey (i.e., the remainder of milk after
the fat and casein have been removed) is subjected to a fermentation
reaction.
This subclass is indented under subclass 34. Processes involving the fermentation of milk or a milk product
with an added enzyme, enzyme producing material, or active micro-organism.
This subclass is indented under subclass 44. Processes wherein a coffee or cocoa bean, or product derived
therefrom, is subjected to a fermentation reaction, e.g., coffee
extract, cocoa shells, etc.
This subclass is indented under subclass 7. Processes involving the fermentation of an isolated or separated
carbohydrate material.
(1)
Note. Included within the term isolated or separated carbohydrate
and not limited to the specific examples recited are molasses, honey,
starch, sugar beet material, maple syrup, sucrose mix syrup, and
cellulose.
Chemistry: Molecular Biology and Microbiology,
subclasses 93 , 98-105 for processes of fermenting, utilizing carbohydrates
as substrate materials wherein the product produced is not limited
to a food use.
This subclass is indented under subclass 49. Processes wherein a fermentation reaction is (1) part of
a total process which produces a fruit or vegetable juice or wherein
a fruit or vegetable juice is subjected to a fermentation reaction
and the final product is a fruit or vegetable juice; or (2) wherein
the material subjected to fermentation is an aqueous solution of a
plant material.
(1)
Note. Tea or a tea extract is excluded from this subclass
and will be found under subclasses 49+ on some other basis.
(2)
Note. The final product may be in dry form reconstitutable
by the addition of water.
This subclass is indented under subclass 49. Processes which involve the addition to plant materials
of enzymes, enzyme containing or producing materials, or micro-organism.
(1)
Note. Processes involving separating a plant material into
two or more fractions and culturing one of the fractions without
the addition of extraneous enzymatic or enzyme containing or producing material
followed by a remixing of the cultured product with one or more
of the original fractions is not considered to be an addition within
the confines of this subclass and will be found under subclasses
49+ on some other basis.
This subclass is indented under subclass 49. Processes wherein the fermentation of a plant product results
in a food for the specific purpose to feed animals other than human.
This subclass is indented under subclass 55. Processes where fermentation is effected by an added enzyme,
enzyme producing material, or micro-organism.
This subclass is indented under subclass 56. Processes wherein the substrate treated is an animal derived
casing.
(1)
Note. Processes wherein a meat or fowl product is subjected
to fermentation and wherein the product is manufactured into a casing
are excluded herefrom and will be found under subclasses 55+ on
some other basis.
This subclass is indented under subclass 56. Processes wherein the enzyme is injected or otherwise forcefully
introduced into an interior portion of a mammal or fowl product.
This subclass is indented under subclass 56. Processes wherein the fermentation is effected on a product
which is in a comminuted, ground, or in a finely divided state.
This subclass is indented under subclass 7. Processes wherein a yeast or mold is subjected to a fermentation
reaction (e.g., propagation) and the final resulting product of
the fermentation is to be used as a food, per se.
Chemistry: Molecular Biology and Microbiology, particularly
subclasses 254.1+ for methods of propagating yeast or molds even
though the yeast or mold is to be used in a later unclaimed food
producing operation.
DORMANT FERMENT CONTAINING PRODUCT, OR LIVE MICROORGANISM CONTAINING PRODUCT OR ONGOING FERMENTING PRODUCT, PROCESS OF PREPARATION OR TREATMENT THEREOF
This subclass is indented under the class definition. Subject matter wherein (A) the composition contains a ferment
material either being in an activated condition as in a hydrated
yeast flour system or (B) the composition contains an enzyme material
in a dormant state which can be activated so that the ferment contained therein
will function in a bio-chemical manner or (C) compositions which
contain added live micro-organisms, generally, for the purpose of augmenting
the digestive action of the intestinal tract, e.g., Bacillus acidophilus
milk, etc., or (D) processes of preparing or treating the compositions
noted in Parts, A, B or C.
(1)
Note. Natural foods which contain enzymes but wherein the
disclosure of the patent is silent as to the activation of the enzymes
or the functioning of the enzyme therein for their bio-chemical activity
are not proper herein and will be found in the product area of this
class.
(2)
Note. Unless the patent disclosure indicates to the contrary
that an added material to a food is not for the purpose of affecting
a fermentation, material such as malt, malt extract, yeast type
material, baker"s yeast, leaven, a named enzyme material,
or a live micro-organism, will be regarded as preparing a composition proper
for this subclass.
(3)
Note. Unless the patent disclosure indicates to the contrary,
terms such as wort, malt wort, malt liquor, malt beverage, cheese,
bread, alcohol containing beverage and other food prepared through
a fermentation reaction will be regarded as foods having no further
active ferment material capable of carrying out an additional fermentation
reaction and will be classified below on some other basis.
for products which may contain a ferment in a permanently
inactive state and in particular subclasses 549+ for a batter
or dough product, 582 for a cheese product, and 592 for an alcohol
containing beverage.
This subclass is indented under subclass 61. Subject matter containing a composition which has as an
ingredient, a yeast, or to methods of preparing such a composition.
Chemistry: Molecular Biology and Microbiology, particularly
subclasses 254.1+ for methods of propagating yeast or molds even
though the yeast or mold is to be used in a later unclaimed food
producing operation.
This subclass is indented under subclass 61. Subject matter containing a composition which has as an
ingredient an enzyme which is active on proteinaceous material.
(1)
Note. Included within the type of enzyme material proper
herein is papin, ficin, bromelin, trypsin, pepsin, rennin, etc.
This subclass is indented under subclass 61. Subject matter containing a composition which has as an
ingredient an enzyme material which is regarded as being diastatic,
i.e., converts starches to simpler products such as dextrins and
maltose.
(1)
Note. Included herein are malt and malt containing extracts.
POTABLE WATER OR ICE COMPOSITIONS OR PROCESSES OF PREPARING SAME
Subject matter under the definition involving (1) potable
water in any of its physical forms in admixture with a material
which is intended to permanently remain with the potable water and which
perfects the water for an intended food use, and wherein the user
still considers the admixture as being water, or (2) canned potable
water and (3) methods of preparing the products of (1) and (2) above.
(1)
Note. This subclass requires the final desired product to
be a potable water composition. Methods of preparing a potable
water composition and then utilizing same are classified depending
on the subsequent operation.
This subclass is indented under the class definition. Subject matter drawn to processes of surface coating a food
with an ice glaze and to the product of such a process.
CONTAINING NON-PROTEINACEOUS NITROGEN SOURCE CONVERTIBLE TO AVAILABLE NITROGEN OR PROCESS OF PREPARATION
This subclass is indented under the class definition. Subject matter comprising nitrogen containing compositions
having an available source of nitrogen other than in a naturally occurring
food form (i.e., protein), which nitrogen is available upon ingestion
by an animal, which is usually a ruminant, and to the method of
preparing such a composition.
(1)
Note. Compositions which contain nitrogen containing compounds
which are not disclosed as being for nutritional purposes, e.g.,
preservation, coloring, etc., are not proper in this subclass will be
classified on some other basis.
PRODUCT WITH ADDED VITAMIN OR DERIVATIVE THEREOF FOR FORTIFICATION
This subclass is indented under the class definition. Subject matter wherein the product contains an added vitamin
or derivative and wherein said vitamin or vitamin derivative is not
a part of a naturally occurring food.
(1)
Note. Vitamins in the form of extracts are not considered
as being part of a naturally occurring food.
(2)
Note. The vitamins or vitamin derivatives herein are those
that are normally added to foods to fortify the foods and are normally
added in a concentrated state. Included to be excluded herefrom are
whole foods which are claimed as having a vitamin content but which
content is naturally occurring. Included and proper within this
subclass are the normally named vitamins as well as the fish liver
oils which are known to contain high vitamin values. Not included herein
is the blending of different foods to increase or modify the vitamin
contents therein.
(3)
Note. Vitamin derivatives are products that have essentially
the same chemical structure and the same physiological effect as
the natural vitamins.
(4)
Note. Vitamins which are added to foods for some other purpose
than for supplementing or fortifying the food, will be found elsewhere
in the schedule. In particular see subclass 182 for a food in combination
with vitamin C used as an anti-oxidant.
PRODUCT WITH ADDED PLURAL INORGANIC MINERAL OR ELEMENT FORTIFICATION
This subclass is indented under the class definition. Product wherein a food contains two or more different added
elements or inorganic compounds so that the food is nutritionally supplemented
or fortified.
This subclass is indented under the class definition. Subject matter involving products of the type usually consumed
by infants or children and incorporating or involving a nonedible safety
feature which makes the product safe for consumption.
(1)
Note. The majority of patents in this subclass relate to
safety sticks for handled confections.
(2)
Note. Included herein are those products which make the article
safer for the user in the actual eating of the article, and not the
type which protect the user in an operation ancillary to the eating
of the article. For instance, an article which can be withdrawn
from a hot oven without burning the user is not the type of safety feature
contemplated in this area.
(3)
Note. The features proper herein are those that protect the
health and well being of the user and are not of the type which
protect the users clothing or which protect against dripping or
splattering.
FRANGIBLE FOOD HAVING DEFINED SCORE LINE OR WEAKENED PORTION
This subclass is indented under the class definition. Subject matter wherein an edible contains defined score
lines or a weakened portion for break away purposes.
Severing by Tearing or Breaking,
subclasses 96+ , for implements or machines for preliminarily weakening (as
by scoring) and subsequently breaking a work piece.
Static Molds,
subclass 52 , for static means on a molding device to produce a
groove or depression in the molded product to facilitate breaking
or cutting of the product.
FORAMINOUS MATERIAL INFUSION TYPE, OR FORAMINOUS CONTAINER PER SE
This subclass is indented under the class definition. Subject matter involving foraminous infusion receptacles
or packages containing an infusible charge therein such as tea leaves, ground
coffee, etc., and which is usually of the single use type.
(1)
Note. A number of patents have been placed in this and the
indented subclasses which do not positively recite the combination
of an infusible charge and infusor. These patents, however, are
of the type which would require the destruction of the infusor,
as in an infusor package in order to incorporate an infusible charge
therein, and for classification purposes these patents have been interpreted
as calling for the defined combination.
(2)
Note. The line between this subclass and the indents thereunder
and Class 99, Foods and Beverages: Apparatus, subclass 295, is
that this class (Foods) will take the subcombination of a disposable infusor
with a charge therein while Class 99, subclass 295, will take the
subject matter defined above in combination with an infusor apparatus.
Baths, Closets, Sinks, and Spittoons,
subclasses 226 and 228-231, for disinfecting chemical holders
for use in the flush pipes and flush bowls of water closets.
Brushing, Scrubbing, and General Cleaning,
subclasses 561+ , for material applicators of general utility having
a work contacting means and material supply wherein the material permeates
the work contacting means.
Foods and Beverages: Apparatus,
subclasses 279+ , for infusion apparatus and particularly subclass
295 for infusing receptacle apparatus using a disposable container
and subclass 323 for infusing receptacles.
Special Receptacle or Packages,
subclass 0.5 , for infusing packages and receptacles containing
a material other than a food and wherein the substance contained
may be infused directly from or through the walls of the receptacles
or packages.
Liquid Purification or Separation,
subclass 282 , for removable cartridges or hand manipulated containers
for particulate material functioning as a separator, subclasses 314+ for
spaced filters, subclasses 323+, for plural distinct separators
of more general utility, and subclass 494, for a unit comprising
a filter medium within a foraminous container.
Chemical Apparatus and Process Disinfecting, Deodorizing,
Preserving, or Sterilizing,
subclasses 255+ for apparatus for dissolving, leaching, or extracting
a soluble constituent of a nonbeverage material.
This subclass is indented under subclass 77. Subject matter where in addition to an infusible material,
another material is soluble or dispensable in the infusion liquid
and is a part of the infusor as in the case of a mixture of materials, a
soluble coating on the infusor, or absorted soluble material on
the bag portion of a tea bag.
(1)
Note. A mixture of dried soluble instant coffee and coffee
in normal beverage form is subject matter for this subclass.
This subclass is indented under subclass 77. Subject matter where the infusor contains two (2) or more
compartments in single infusor structure and wherein the two (2)
or more compartments are utilized together in the preparation of
a single brew.
(1)
Note. A series of identical charges wherein a single charge
is utilized in preparing a brew is not an infusor containing two
(2) or more compartments.
This subclass is indented under subclass 77. Subject matter wherein the infusor includes means to force
or urge an infusing liquid into contact with an infusible material,
or with means to assist the separation of liquid from solid after
the infusion period.
This subclass is indented under subclass 77. Subject matter wherein the infusor has the material at one
or more end portions gathered together to form a neck and fastened
with a fastening device.
This subclass is indented under subclass 77. Subject matter wherein there is associated with the infusor
structure additional defined means to function as a support or handle
for the infusor during infusion or to enable the manipulation of
the infusor portion from the infusion liquid.
This subclass is indented under subclass 82. Subject matter wherein the infusor is attached to a thread,
string or string-like material of nonrigid character.
(1)
Note. Since the association of an infusor with a string with
or without a tag portion is common in this art, the nominal recitation
of a string with or without a tag portion and nothing more is not
considered proper for this subclass but will be classified under
subclasses 77+ on some other basis.
This subclass is indented under subclass 77. Subject matter wherein parts of the infusor material are
defined in chemical terms.
(1)
Note. The total infusor material need not be defined. It
is sufficient if for instance, a specific coating is recited or,
if a part of the total infusor is defined in terms of its chemical
material.
This subclass is indented under the class definition. Subject matter wherein a consumable substance within the
scope of this class is associated with a straw (or drinking tube).
(1)
Note. It is intended that in order for a patent to be in
this subclass the drinking tube or straw should require a person
to create a vacuum to raise the contents from a container rather
than a squeeze type of container.
Fluid Sprinkling, Spraying, and Diffusing,
subclasses 16+ , and particularly subclass 33 for tubular devices having
openings at each end and being adapted for conducting fluids for
drinking, one end being placed in the mouth and the other end being placed
in the liquid during use.
Amusement Devices: Toys,
subclasses 115+ , particularly subclasses 119+ for straws
and portable drinking tubes combined with fanciful figures or toys
for amusement of the user of the straw while sipping.
This subclass is indented under the class definition. Subject matter wherein a soluble material is contained in
a drinking cup or is impregnated or coated on the walls or bottom
of a drinking cup.
PRODUCT WITH DEFINED INDICATING MEANS, E.G., INDICIA, ETC.
This subclass is indented under the class definition. Subject matter wherein the edible product or an inedible
feature associated therewith, (e.g., container, label, etc.), contains
visual information desired to be communicated to the user concerning
the product or the utilization of the product and said information
is usually in the form of characters, numbers, symbols, representations
of contrasting colors, or in a change in color.
Card, Picture, or Sign Exhibiting,
subclasses 2+ , 306+, for barrel, can or round box carried
indicia, 310+, for bottle labels or mere modification of the
bottle to receive a label and 312+, for box carried indicia.
Bottles and Jars,
subclasses 7+ , for receptacles of that class having means to
indicate the contents of the receptacle have been tampered with
or for indicating the quantity of the material in the receptacle,
or means to physically indicate, e.g., spikes to note dangerous
character of the contents.
This subclass is indented under subclass 87. Subject matter which includes positive means which indicates
a condition by virtue of a change in temperature.
Measuring and Testing,
subclasses 339+ , for thermometers, particularly subclass 356, for
qualitative and quantitative color-change indicators and subclass
358, for indicative devices wherein the fusible element constitutes
the indicator.
Compositions,
subclass 301.2 , for compositions containing fluorescent or phosphorescent
substances as analytical, testing, or identification agents and
subclass 408.1, for compositions used for testing or indicating.
SURFACE COATED, FLUID ENCAPSULATED, LAMINATED SOLID COMPOSITE OF SELF SUSTAINING DISSIMILAR EDIBLE MATERIAL
This subclass is indented under the class definition. Subject matter comprising a product (1) having a coating
on the exterior thereof, (2) composed of a fluent material encased
by another material or (3) composed of two or more solid self-sustaining
materials integrally connected and wherein all of the above products
are made up of distinct unlike edible materials.
Stock Material or Miscellaneous Articles,
subclasses 402+ for structurally defined or coated small grains
or bits of matter (e.g., sphere, flake, microcapsule, liposome,
coated), see search notes therein for placement of such art.
This subclass is indented under subclass 89. Subject matter wherein a component of the product contains
whole seed, bean or nut material, or material derived therefrom,
and wherein said derived material has at least some of the physical
characteristics of the original material.
This subclass is indented under subclass 93. Subject matter wherein the material is of the type which
is in the form of or is used to produce a dough or batter.
This subclass is indented under subclass 89. Subject matter wherein a component is in the form of a dry
flake, dry granular, or dry particulate material.
This subclass is indented under subclass 89. Subject matter wherein a component which is easily recognizable
is made from either fruit or vegetable matter.
IMITATED, SIMULATED, ORNAMENTAL, THREE-DIMENSIONAL PRODUCT OR CONFECTIONARY PRODUCT HAVING CHILD-ORIENTED UTILITY
This subclass is indented under the class definition. Subject matter formed or so structured in three dimensions
as to be representative or in the likeness of manufactured or natural
products in appearance, decorative type products, and products having
a secondary use usually in the area of amusement.
Amusement Devices: Toys, 84, Music, and 273,
Amusement Devices: Games, appropriate subclasses for subject matter of those
classes not limited by claim or disclosure to an edible for ultimate
consumption. As between Classes 46, 84, and 273, supra and Class
426 takes subject matter of the above classes when limited by claims
on disclosure as being made of edible material that is intended
to be eaten.
Amusement Devices: Games, for subject matter not limited by claim or disclosure
to an edible for ultimate consumption. Class 426 takes subject matter
when limited by claim or disclosure as being made of edible material
that is intended to be eaten.
This subclass is indented under the class definition. Subject matter wherein animal flesh material is encased
in a container of the kind used in making sausage.
This subclass is indented under the class definition. Subject matter wherein an edible is encompassed, encased
or completely surrounded by nonedible packaging material.
(1)
Note. The mere recitation of (1) such generically designated
terms as packaged, wrapped, canned, bottled, hermetically sealed,
etc., (2) a single layer of packaging material without some specific
shape of said material or structural detail, e.g., square glass
bottle, coated, or wherein the layer does not have any interaction
other than packaging, e.g., specific oxygen permeability, light
permeability, etc. (3) insert gas packing, per se, without structure
to contain the gas, (4) a closure closing a receptacle without specific
structure, or (5) packaging made from specific claimed material,
i.e., glass, tin, aluminum, metal foil, or plastic are not considered
proper for this and indented subclasses.
(2)
Note. The food material itself must be enrobed or encased,
whereas a nonedible associated with the food need not be.
(3)
Note. Aerosol containers not withstanding the above limitations
are proper for Class 426, subclass 116.
(4)
Note. A filled nonedible casing is considered proper for
this subclass.
This subclass is indented under subclass 106. Subject matter involving food packages and having defined
features making the food package particularly adaptable for the
application thereto of electrical or wave energy.
Foods and Beverages: Apparatus, particularly
subclasses 253 and 274, for apparatus peculiarly adapted for the preparation
and preservation of foods and utilizing electrical heating devices such
as the radiant type.
Electric Heating,
subclasses 678+ for microwave heating; note for claims citing both
food (edible) and nonfood (nonedible) heating by an electric heating device or method,
classification is proper for Class 219, and if the claims recited
are limited to food (edible) heating methods,composition,product,
or processes, classification is proper
for Class 426. Also, see subclasses 764+ for capacitive
dielectric heating, note subclass 771.
This subclass is indented under subclass 106. Subject matter wherein the exterior package structure encloses
a multiplicity of discrete, same, packaged units.
(1)
Note. Packages which are formed from a carton which has a
multiplicity of compartments wherein the top of one compartment
acts as the base for an above compartment is not proper herein and will
be found in subclass 119. For the most part the package herein
involves the use of a two-step packaging operation, e.g., wrapping
a food and then enclosing multiples of the wrapped food in a larger
exterior carton.
This subclass is indented under subclass 106. Subject matter wherein there is associated with the food
package as an integral and separate component a material which has
heat exchange properties, e.g., fuel, refrigerant, etc., and which
is not primarily intended to become part of the final food product.
(1)
Note. Packaged frozen edible materials, per se, are not subject
matter for this subclass.
(2)
Note. A significant number of the patents herein are drawn
to the use of ice as a refrigerant for maintaining foodstuffs on
transport.
Stoves and Furnaces, appropriate subclasses for various receptacles having associated
therewith various heaters and particularly
subclasses 261+ for heaters for warming and keeping warm articles
of food.
Fluent Material Handling With Receiver or Receiver
Coacting Means,
subclass 82 , for the subject matter of that class combined
with cooling not specialized to refrigeration.
This subclass is indented under subclass 106. Subject matter wherein the package has attached to it a
member which facilitates handling and wherein the member may be
rigid or flexible.
(1)
Note. Included herein are lollipops or food materials wherein
only the food portion is encompassed or covered with an inedible
material.
This subclass is indented under subclass 106. Subject matter wherein the package structure is of such
a design as to expand outwardly to cooperate with an expanding food
contained therein, or wherein the container or package contains
a plurality of sections which nest within each other to either expand
or contract the exterior dimension of the package or container.
(1)
Note. Expansion of an interior portion of a package is not
sufficient for placement of a document within this subclass. For
instance expansion of an interior liner without an increase in the
dimensions of the exterior package would be classified elsewhere.
Supports: Cabinet Structure,
subclass 205 , for subject matter of that class (312) in which
the overall dimensions may be changed to provide for a plurality
of volumes.
This subclass is indented under subclass 106. Subject matter wherein the package, per se, or a portion
thereof is particularly suited as by its structure to perform a
separate function, other than its packaging function, and wherein
the function is effected by the user subsequent to the packaging
step.
(1)
Note. Excluded from this subclass are containers which act
as molds and thereby mold a plastic food; or containers which are
made of transparent material so that the contents are clearly visible;
also excluded are containers designed as by the materials of which they
are made or by the use of mold release liners to dispense food materials, e.g.,
nondrip bottles etc.
This subclass is indented under subclass 112. Subject matter wherein the package or packaging material
is of such a design as to provide specialized means to cook or heat
foods.
(1)
Note. The mere naming of a packaging material which has properties
which are such that a food may be heated or cooked in a container
is not sufficient for this subclass. The container must be so structured
to offer a specialized cooking or heating container.
Fuel and Related Compositions,
subclasses 250+ for a flameless or glowless fuel composition, per
se, and subclasses 901+ for collection of patents showing
a combination of a fuel with a variety of objects and materials
to be heated.
This subclass is indented under subclass 113. Subject matter involving foods which are generally not mixed
together to form a combination but are consumed separately, e.g.,
meat and vegetable combinations, etc.
Special Receptacles and Packages, appropriate subclasses, for special receptacles and packages,
particular attention being directed to
subclasses 41.4+ and 56+ which have dispensing titles.
As between these subclasses and class (221), Class 221 takes article
dispensers identifiable as such by sections I and II of the Class
221 definition, the "dispensers" in Class 206, subclasses
41.1 and 56+ being for fluent material and stick material
and of various structures which while loosely considered to be dispensers
in Class 206 do not come within the class limitation of Class 221.
Articles Dispensing, appropriate subclasses, for article dispensers not
otherwise provided for. Class 221 is the residual article dispensing
class and takes receptacles having means to eject or release articles
therefrom where not otherwise provided for.
This subclass is indented under subclass 115. Subject matter wherein the material packaged is a fluent
which is to be dispensed by means of a gas under pressure and which
are sold together as a single consumer unit.
Colloid Systems and Wetting Agents; Subcombinations
Thereof; Processes of Making, Stabilizing, Breaking, or Inhibiting,
subclasses 1+ for continuous gas or vapor phase colloid system (e.g.,
smoke, fog, aerosol, cloud, mist) or agents for such systems or
making or stabilizing such systems or agents, when generically claimed
or when there is no hierarchically superior provision in the USPC
for the specifically claimed art.
This subclass is indented under subclass 106. Subject matter wherein the package structure has means to
release food generated gas, i.e., valve, or
has defined means to distort the package or container structure
by food generated pressure (gas) in someway while still preserving
consumer acceptability.
(1)
Note. A package which merely contains a food in a perforate
wrapper, or in a wrapper which is gas permeable, or in a can which
has a vent hole which will be subsequently sealed is not a package within
the purview of this subclass.
This subclass is indented under subclass 106. Subject matter wherein two (2) or more edible products are
packaged as a single consumer unit completely out of physical contact
with each other using a nonedible spacer to segregate the edible
products.
(1)
Note. All the food products within the container must be
segregated from each other.
Special Receptacles and Packages,
subclass 47 , for packages "containing a plurality
of materials which are employed together in combination to make
any definite solution or composition or which are to be used successively
in any operation, also packages of any two or more articles to be cooperatively
used, such as covering material and fasteners and trimming to be
used therewith".
This subclass is indented under subclass 106. Subject matter wherein the food is in sliced form and is
so arranged that the opposite surfaces of edge portions of adjacent
sections are in contacting overlapping relationship, e.g., bacon
pack, etc.
This subclass is indented under subclass 106. Subject matter wherein the package is designed to be opened
and its contents removed through the agency of a scored or perforated
or weakened line.
Package Making,
subclass 133 , for apparatus for providing structure associated
with a cover material which will facilitate the removal of at least
a portion of the cover to expose the contents.
Bottles and Jars,
subclasses 46 and 55 for closure removing devices which are permanently
attached to a bottle or jar type receptacle or are claimed in combination
therewith.
Receptacles, appropriate subclasses such as 47+, 50
and 53+, for devices to open metallic receptacles by breaking
through or ripping the soldered parts.
Article Dispensing,
subclasses 30+ , for article dispensing devices including or combined
with a cutter or punch means to form an outlet opening in the supply
receptacle or in the wrapper thereof.
Envelopes, Wrappers, and Paperboard Boxes,
subclass 51 , for boxes having means to open same such as a
tear cord or other device to facilitate ripping a portion of the
box; subclass 66, for bags having devices for readily opening same;
subclasses 85+, for envelopes provided with special means
for facilitating their opening.
This subclass is indented under subclass 106. Subject matter wherein the opening device is a string, cord,
tab, etc.. which, when pulled, tears the package open.
for packages designed to be opened via a scored,
weakened, or perforated line and note the search class notes thereunder
for other classes which may be pertinent to package opening.
This subclass is indented under subclass 106. Subject matter comprising an exterior food container or
wrapper which contains in addition to the food a nonedible solid
which is not laminated or coated onto the food container or wrapper
and which is completely enveloped or encompassed within the confines
of the container or wrapper.
(1)
Note. Included herein are packages which are double bagged,
e.g., a bag within a bag or packages wherein a can is carried by
an exterior container, or packages which contain liners which are not
laminated or coated to the exterior packaging material; or packaged
foods which are interleaved with a nonedible to facilitate separation
of the foods.
This subclass is indented under subclass 106. Subject matter wherein a food product is in integral contact
with a strippable nonedible membraneous covering.
(1)
Note. The covering herein is of the type wherein a coating
is applied to the product and solidified hereon.
This subclass is indented under subclass 106. Subject matter wherein the packaging material is composed
of three or more different layers with at least one layer being
metallic.
(1)
Note. Each and every layer disclosed, whether considered
in the document as a base layer or an adhesive layer is construed
to be a separate layer for purposes of placement in this subclass.
(2)
Note. It is not a requirement that for the three minimum
layered packaging material that there be three different layering materials.
It is sufficient for this subclass to have two layering materials arranged
in the three layers. For instance is proper herein.
(3)
Note. Not considered within the confines of this subclass
are packages which are prepared from single layer packaging material
which is in an overlapping relation along an edge with itself or
rolled over itself to form a bag or container and which is autogenously
or with an added adhesive bonded to itself.
Stock Material or Miscellaneous Articles, appropriate subclasses, for a stock material product in
the form of a single or plural layer web or sheet, and especially
411+ for a nonstructure composite web or sheet characterized merely
by the composition of the layers; and
subclasses 544+ , particularly subclasses 615+ for metallic
stock materials which comprise at least two different contiguous
metallic layers.
for packaging material having three layers with
at least one being metallic, and in particular check the notes relating
thereto which are equally pertinent as well to this subclass.
Envelopes, Wrappers, and Paperboard Boxes,
subclasses 5.81+ , 117.27+, 122.32+, 164.1, 164.2,
and 185.1 for a paperboard box having a multi layer wall.
Stock Material or Miscellaneous Articles, appropriate subclasses, for a stock material product
in the form of a single or plural layer web or sheet, and especially
411+ for a nonstructure composite web or sheet characterized merely
by the composition of the layers.
This subclass is indented under subclass 106. Subject matter wherein the product packaged is dough, batter,
or a dry mix for preparing a dough or batter product. Included
also is the product in the final form, e.g., baked, etc.
This subclass is indented under subclass 106. Subject matter wherein the food is in a container which
is hermetically sealed so as to preserve the food.
PRODUCT WITH ADDED INEDIBLE FEATURE OTHER THAN THAT WHICH CONSTITUTES A PACKAGE
This subclass is indented under subclass 70. Subject matter wherein an inedible feature is associated
with subject matter proper for this class.
(1)
Note. Included within this subclass and indents are nonedible
carrying materials which later intentionally form part of the final
consumable food, e.g., wrappers, casing, etc., carrying coloring
for food, flavors for food, release agents for food, or any other
materials which interact with the food and become a part thereof.
(2)
Note. Excluded herefrom as being nonedible are products which
are normally the waste or discard of edible products, e.g., seeds,
hulls, shells, husks, bones, etc.
This subclass is indented under subclass 132. Subject matter wherein the nonedible feature is a stick
integrally connected with a food so that the user can manipulate
the food via the stick feature.
This subclass is indented under the class definition. Subject matter involving edible articles which are peculiarly
designed so as to contain or hold an additional and different food,
e.g., ice cream cone, frankfurter bun, etc.
(1)
Note. Included herein are products which are ultimately designed
to function as edible containers but which are in an incomplete
state of manufacture and require an assembly step to be put in their
final desired configuration.
(2)
Note. All casings will be considered to be inedible in the
absence of disclosure to the contrary. An exception to this rule is
animal derived casing which, per se, will be considered edible.
This subclass is indented under subclass 138. Subject matter wherein the container is composed of animal
derived material, e.g., casing, etc..
(1)
Note. A casing, per se, will be considered proper for this
subclass if it is composed of animal derived material, even if it
is associated with a known nonedible material.
(2)
Note. Included herein are shirred edible casings.
Stock Material or Miscellaneous Articles, subclasses
85+ for a product having a pile or nap type surface comprising
an animal skin which still retains the hair or fur, subclass 411
for a stock material product in the form of a composite web or sheet
comprising plural layers adhered or cohered to each other, and especially
subclass 473 in which one layer comprises an integral portion of
animal skin.
This subclass is indented under the class definition. Subject matter wherein the edible contains a plurality of
discrete deviations in the parallel plane in a repetitive pattern.
MEASURING, TESTING, OR CONTROLLING BY INANIMATE MEANS
This subclass is indented under the class definition. Processes where a condition in preparing subject matter
of this class is sensed by other than by subjective means.
(1)
Note. Subjective evaluation is proper for this subclass if
the matter evaluated is indirectly determined, that is for example
if a measurement is made inanimately and then read or sensed by
a human being e.g., reading a spectrophotometer, etc.
(2)
Note. Treating a material to a certain condition without
a defined inanimate measurement, test, inspection, or control, e.g.,
temperature, PH, etc., is not proper subject matter for this subclass and
classification of such a process will be accorded on some other
basis.
Measuring and Testing, appropriate subclasses, for measuring and testing of physical
properties, especially
subclass 169 for testing flour, dough or bread by physical means.
Chemistry: Analytical and Immunological Testing,
subclasses 1+ , for chemical and analytical control methods involving
a chemical reaction, especially subclass 22 for dairy control methods.
This subclass is indented under subclass 231. Subject matter wherein the food material treated is in packaged
form or wherein the process involves preparing food containing package.
This subclass is indented under subclass 231. Subject matter wherein the food material treated is heated
at some stage of the process and the final product is in solid form.
(1)
Note. The material undergoing treatment need not be solid
as long as the final product is in solid form.
TREATMENT OF PACKAGED PRODUCT BY ELECTRICAL OR WAVE ENERGY
This subclass is indented under the class definition. Processes which involve direct electrical or wave energy
treatment of a food package.
(1)
Note. Treatments of special packages which are designed to
allow transmittance of only certain wavelengths of the electromagnetic
spectrum are proper for subclass.
APPLICATION OF A GAS, MIST, SMOKE OR VAPOR TO A FOOD MATERIAL UNDER THE INFLUENCE OF ELECTRICAL OR WAVE ENERGY
This subclass is indented under the class definition. Processes wherein a gas and a food material contact each
other under the influence of electrical or wave energy.
(1)
Note. Excluded herefrom are steam, nitrogen air, CO2 or
the inert gases,or mixtures solely composed of any of the above.
(2)
Note. Gas for purposes herein includes a mist, smoke, or
vapor.
for processes involving the treatment of a gas with
electrical or wave energy and the subsequent application of the treated
gas to a food, the application itself not involving wave or electrical energy.
Colloid Systems and Wetting Agents; Subcombinations
Thereof; Processes of Making, Stabilizing, Breaking, or Inhibiting,
subclasses 1+ for continuous gas or vapor phase colloid system (e.g.,
smoke, fog, aerosol, cloud, mist) or agents for such systems or
making or stabilizing such systems or agents, when generically claimed
or when there is no hierarchically superior provision in the USPC
for the specifically claimed art.
INVOLVING TREATMENT OF A GAS BY ELECTRICAL OR WAVE ENERGY AND SUBSEQUENT CONTACT OF SAID TREATED GAS WITH A FOOD MATERIAL
This subclass is indented under the class definition. Processes wherein a gas is subjected to electrical or wave
energy and is subsequently applied to a food.
(1)
Note. Mere heating in an oven wherein the air therein is
heated and cooks a food within the oven is not the type of treatment
of gas required for this subclass.
(2)
Note. Gas for purposes herein includes a mist, smoke, or
vapor.
Chemistry: Electrical and Wave Energy,
subclasses 155+ for preparation of compounds or elements through
chemical reaction brought about by electrical or wave energy in a
magnetic field and subclasses 164+ for chemical preparation
of a compound or element by using an electrostatic field or electrical
discharge, especially subclass 176 for the production of ozone by
subjecting material to an electrostatic field or electrical discharge.
DIRECT APPLICATION OF ELECTRICAL OR WAVE ENERGY TO FOOD MATERIAL
This subclass is indented under the class definition. Processes directed to applying electrical or wave energy
directly to a food material.
(1)
Note. The energy must be applied directly as such to the
food material in the form of electrical or wave energy. Conversion
of energy such as electrical to heat and the application of the
heat to the food material is excluded from this subclass.
Adhesive Bonding and Miscellaneous Chemical Manufacture,
subclasses 272+ for a laminating process including direct application
of electrical or radiant energy to the work, and see the "SEARCH
CLASS" notes thereunder.
Electrolysis: Processes, Compositions Used Therein,
and Methods of Preparing the Compositions, appropriate subclasses for electrolytic processes,
in general.
This subclass is indented under subclass 237. Process, wherein the wave energy is of the sonic or ultrasonic
type which when applied to the food imparts impulses thereto which
may cause a vibration or oscillation of a frequency corresponding
to that of the particular sonic wave employed.
This subclass is indented under subclass 237. Subject matter, wherein an applied electromotive force influences
the movement of materials which usually effect a separation or purification
but are not limited thereto e.g., electrodialysis, electroosmosis
etc.
This subclass is indented under subclass 237. Processes wherein ions which are the result of electromagnetic
or particulate radiation contact a food material, e.g., gamma, X-rays,
beta rays, etc.
(1)
Note. Beta radiation as used herein includes cathode rays
or electron beams, the former being the common designation when
the rays originate from a natural or artificial source, while the
latter designation is employed to indicate rays produced in an electrical
apparatus, e.g., vacuum tube type, etc. Beta and electron beams
are particulate in nature.
(2)
Note. Gamma radiation as used herein includes X-rays. Gamma
rays are those that originate from a natural or artificial radioactive
source, whereas X-rays as commonly used are rays that are produced
by electron bombardment of suitable sources. Gamma and X-rays are both
electromagentic in character. Included with the term gamma ray are emissions
from such sources as cobalt 60 and cesium 134.
This subclass is indented under subclass 237. Processes directed to heating food material with energy
in the form of electromagentic waves e.g., infrared, radar, microwave,
etc.
Electric Heating,
subclasses 678+ for microwave heating; note for claims citing both
food (edible) and nonfood (nonedible) heating by an electric heating device or method,
classification is proper for Class 219, and if the claims recited
are limited to food (edible) heating methods, composition, product,
or processes, classification is proper
for Class 426. Also, see subclasses 764+ for capacitive
dielectric heating, note subclass 771.
This subclass is indented under subclass 237. Processes wherein (1) a food material is heated in a dielectric
manner; or (2) wherein a food material constitutes a portion of
an electric circuit and current is passed though said food material.
(1)
Note. Dielectric heating involves the placing of a low conductive
food in an alternating electric field, the heating of the food involving
the periodic loss of electrons from within the food caused by the
alternating electric field.
This subclass is indented under subclass 244. Processes wherein a formless or flowable food material is
made into a self-sustaining desired shape by either treating the
food while confined in a mold by dielectric heating means or by
passing an electrical current through the food.
This subclass is indented under subclass 237. Processes wherein the wave energy is either visible light
or ultraviolet light.
(1)
Note. Ultraviolet light is considered to have a wavelength
of approximately 200 to 4000 Angstroms.
(2)
Note. Visible light is considered to have wavelength of approximately
4000-7700 Angstroms.
(3)
Note. Although a certain overlapping will occur at the lower
wavelength of the ultraviolet spectrum and at the upper end of the
visible spectrum, patents will be placed herein on the basis of
the particular desired electromagnetic wave as noted in the specification.
(4)
Note. Included in this subclass are treatments with any of
the wavelengths within the visible spectrum.
Chemical Apparatus and Process Disinfecting, Deodorizing,
Preserving, or Sterilizing,
subclasses 1+ for disinfecting, deodorizing, preserving, or sterilizing
processes of general utility.
PREPARATION OF FROZEN OR SHAPED PRODUCT WHEREIN THE PRODUCT IS OF VARIOUS EXTERNAL COLORS, E.G., VARIEGATED, ETC.
This subclass is indented under the class definition. Processes wherein a frozen plastic edible or shaped plastic
of differing external color is prepared or treated.
(1)
Note. Treatment requires that the ultimate desired product
still be of contrasting colors.
ADDITION OF DYE OR PIGMENT, INCLUDING OPTICAL BRIGHTENER
This subclass is indented under the class definition. Processes involving the coloring of food wherein a substance
having coloring properties is added to the food to impart the color
of the added substance to the food.
(1)
Note. Included herein is the in situ formation of a coloring
material and the use of optical brighteners on foods.
(2)
Note. The coloring material must be added for the purpose
of coloring the food. For example, riboflavin (vitamin B2)
which is orange yellow in color and which is used as a feed supplement rather
than as a color would not be included in this subclass but would
be found in subclass 311.
Bleaching and Dyeing; Fluid Treatment and Chemical
Modification of Textiles and Fibers,
subclasses 1 through 94and subclasses 162-180, particularly subclasses
3-13 for nontextile dyeing.
REMOVING NATURAL COLOR BY CHEMICAL REACTION, E.G., BLEACHING, ETC.
This subclass is indented under the class definition. Processes wherein color is removed from a food by the addition
of a material which decolorizes by a chemical reaction with the food.
(1)
Note. Addition includes any material other than air, CO2,
water, nitrogen, the inert gases, or mixtures solely composed of
the above.
for a process of extracting color material involving
a chemical reaction where the intent of the process is to recover
a coloring material rather than in effecting a color change.
This subclass is indented under subclass 253. Processes in which the color removal is preceded by treatment
of the food with an ionic material and wherein the treatment does
not involve a color removal step.
This subclass is indented under subclass 253. Processes in which food is exposed to two or more color
removing operations performed by at least two different color removing
agents.
This subclass is indented under subclass 253. Processes in which the process includes the application
of fluid or mechanical pressure to the food material, or the conveying
of the food material during the color removing operation, e.g.,
bleaching in a fluidized bed, etc.
This subclass is indented under subclass 253. Subject matter in which the bleaching agent is a heavy metal
containing compound or a peroxide compound.
(1)
Note. "Heavy metal" is defined as a metal
having a specific gravity greater than 4. This includes all of
the metals having an atomic number of 22 (titanium) or greater,
with the exception of the alkali metals and the alkaline earth metals.
PRESERVING OR MODIFYING COLOR BY USE OF DIVERSE ADDITIVE
This subclass is indented under the class definition. Processes which involve the use of additives which
are not colors in themselves but are substances which react or otherwise
modify food so as to attain a desired coloration or decoloration,
or prevent or retard deterioration of food contained or added colors,
or react with food components to form a desired color change, or
prevent or inhibit undesirable color formation whether enzymatically
catalyzed or otherwise.
(1)
Note. Additions of materials to food which affect the color
of foods are known and are common as the addition of sugars which
may result in a desired color in food, as for example, by carmelizing,
or by condensing with amino acids or proteins. A search, therefor
restricted to this area for particular subject matter may not be
complete.
(2)
Note. Additive is consistent with other uses of the term "additive" in
the schedule and is meant to be other than H2O, N2,
Air, CO2, the inert gases, and mixtures composed
solely of any of the aforementioned.
(3)
Note. Coloring or Coloring modification by such operations
as cooking, heating, cooling, roasting, browning, blanching, carmelizing,
burning, charring or aging is not proper herein unless a material
is added prior to the recited operation which will have an effect
on the color.
This subclass is indented under subclass 262. Processes involving the use of additives which affect or
modify the hemepigments including hemoglobin, myoglobin and cytochrome
to result in a color change.
This subclass is indented under subclass 265. Processes involving the use of an inorganic nitrogen compound,
e.g., potassium nitrate, sodium nitrite, etc.
(1)
Note. The majority of patents in this and the indented subclasses
involve the use of compositions variously called curing or pickling
compositions containing salt (sodium chloride) and nitrous oxide
producing materials and such ingredients as sugars, spices, seasonings,
ascorbic acid and its derivatives, various phosphate compounds,
monosodium glutamate and hydrolyzed vegetable proteins.
This subclass is indented under subclass 268. Processes in which the organic agent contains sulfur or
in which a sulfur compound as well as an organic agent is applied
to the food.
This subclass is indented under subclass 262. Processes in which the color of a fruit or vegetable which
still contains some original tissue and which is other than potato
is contacted by an additive.
INVOLVING ION EXCHANGE, SEQUESTERING OR CHELATING MATERIAL
This subclass is indented under the class definition. Processes directed to (A) the chemical transference of ions
from a material to a liquid or solid separatory substance or exchanger which,
because of its chemical structure of loosely bound ions, has an
affinity for certain ions and gives up some of its own ions to the material,
or (B) forming a reversible complex molecule of a chemical agent
and metallic ion which complex does not have all or most of the characteristics
of the original metallic ion.
(1)
Note. It is sufficient for this subclass that the patent
disclose that a material is an ion exchange, chelating, or sequestering
agent. The function of the material is assumed to be inherent in
the process upon the admixture of ingredients.
Liquid Purification or Separation,
subclasses 24+ , for process of liquid purification or separation
using an ion exchange system and see the "SEARCH CLASS" notes
thereunder.
ADHESION OF FOODS BY A BASE SUPPLIED CONSTITUENT OTHER THAN A DRY PRODUCT
This subclass is indented under the class definition. Processes involving integrally uniting together two or more
solid nondry, same or different food materials, utilizing at least
a component of one which is found in the original material and which
component acts as an adhesive, or modifying a portion of one of
the original nondry, solid food materials, by either physical or
chemical means so that a binding material is formed which will act
as an adhesive to bind the food materials together.
(1)
Note. Not included within the confines of this subclass is
the mere heating of a food in order to prepare a tacky surface, or
the adding of water to a dry food material to dissolve a portion
of the food so as to form a tacky surface which will act as an adhesive
surface to adhere foods together.
COATING OF NONDRY FOOD OTHER THAN ANIMAL FLESH BY A BASE SUPPLIED CONSTITUENT
This subclass is indented under the class definition. Processes involving the coating of foods which are dry to
the touch, and do not contain animal flesh, by a base supplied constituent.
for a process of removing juice from a fruit or
vegetable by pressing wherein exuded juice covers the fruit or vegetable
and wherein the disclosure is silent as to the formation of a tenacious
coating on the food.
ASSEMBLING PLURAL EDIBLE PREFORMS HAVING EXTRANEOUS BINDER, RELEASE AGENT OR DIVERSE FOOD INTERPOSED BETWEEN PREFORMS
This subclass is indented under the class definition. Processes wherein two or more preforms, (e.g., layers, fibers,
etc.) which are of the same or different solid foods are bound to
one another by the use of an extraneous binding material, which
may also function as a ready release agent or food.
SHAPING BY EXTRUDING INTO CHEMICALLY REACTIVE FLUID
This subclass is indented under the class definition. Processes wherein a food in liquid form is introduced into
a fluid which is form a solid food substance through chemical interaction.
NONTRANSITORY CHEMICAL ADDITION TO EDIBLE ANIMAL DERIVED PACKAGING MATERIAL
This subclass is indented under the class definition. Processes which involve the per se chemical modification
of an animal derived packaging material by the use of a reactant
which chemically reacts with the animal derived material, e.g.,
casings, etc.
Bleaching and Dyeing; Fluid Treatment and Chemical
Modification of Textiles and Fibers,
subclasses 94.1+ , for the treatment of hides, skins, feathers, and
animal tissue; and 127.5+ for the chemical modification of
proteinaceous fibers when such treatments are not specialized for
use in preparing a food.
CREATING CAVITY BY DISPLACEMENT OF MOLD-HELD FLUENT OR PLASTIC EDIBLE, AND FILLING FORMED CAVITY WITH DIVERSE EDIBLE
This subclass is indented under the class definition. Processes in which a plastic or fluent food is placed within
a mold and while being held in the mold a cavity is formed by displacement
of the food material, said cavity then being filled to a desired
extent with a diverse food.
(1)
Note. "Displacement" requires a shifting
of the food material from one volume of space to a volume of space outside
the original volume occupied by the material. It must be more than
a mere compression wherein the material occupies a smaller volume.
INTERNAL APPLICATION OF NONTRANSITORY FLUENT MATERIAL TO SOLID EDIBLE BY INJECTING, ARTIFICIAL PORE FORMATION OR EXTERNAL PRESSURE
This subclass is indented under the class definition. Processes wherein a nontransitory fluent material is added
to the interior portion of a solid edible either by injecting, forming
of artificial pores, or by applying external pressure.
(1)
Note. External pressure is something more than the natural
pressure exerted by a fluent due to its weight or height above the
substrate to be treated.
FILLING CAVITY IN EDIBLE SOLID PREFORM WITH EDIBLE MATERIAL
This subclass is indented under the class definition. Processes in which an artificially formed cavity in an edible
preform is provided with a diverse edible filling.
BUILDING UP UNITS FROM DIVERSE EDIBLE PARTICULATE MATERIAL TO FORM DRY PRODUCT, E.G., AGGLOMERATING, TABLETING, ETC.
This subclass is indented under the class definition. Processes in which small dry particles of diverse food materials
are formed into larger dry units or wherein dry small particles
are admixed with a diverse binder and are formed into larger dry
particles by treatments which cause coalescence of the particles.
Plastic and Nonmetallic Article Shaping or Treating:
Processes,
subclasses 5+ for particle formation by liquid comminuting, particularly
subclass 6, with uniting of said particles, and subclasses 109+ for
processes of forming articles by uniting of particulate material.
This subclass is indented under the class definition. Subject matter involving a process of destroying or neutralizing
a material (usually chemical) which has been added to protect the food
from injury due to fungi, insects, bacteria, herbicides, etc.
Cleaning and Liquid Contact With Solids, appropriate subclasses for the process of cleaning
foods, per se, by the removal of natural occurring material, e.g.,
dirt, smut, etc.
INVOLVING REMOVAL OF EXTERIOR PORTION ONLY OF PLANT MATERIAL BY CHEMICAL ADDITION
This subclass is indented under the class definition. Processes wherein the outer portion of plant material is
chemically modified by the addition of a chemical which aids in
the removal of said outer portion.
APPLYING DIVERSE EDIBLE PARTICULATE SOLID TO COAT OR IMPREGNATE A SOLID CORE, I.E., SURFACE COATING OR IMPREGNATION
This subclass is indented under the class definition. Processes which include the coating or impregnating of an
edible solid core by applying thereto an edible particulate material,
e.g., breading, flouring, etc.
This subclass is indented under subclass 289. Processes in which some or all of the particulate solids
after application to the core are converted to a liquid, e.g., melting,
dissolving, etc.
This subclass is indented under subclass 289. Processes in which the composite solid core and applied
particulate solid material is surface coated with a liquid.
This subclass is indented under subclass 289. Processes in which edible particles are applied sequentially
to the solid food core.
(1)
Note. "Sequential" for purposes herein requires
an interruption of the coating operation, or a treatment of the
coated food prior to the application of more of the same type of
particulate material.
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