Patent claims types

The catalysts for xylene isomerization with EB dealkylahon are dominated by MFI zeolite. The de-ethylation reaction is particularly facile over this zeolite. There have been several generations of catalyst technology developed by Mobil, now ExxonMobil [84]. The features in their patents include selectivation and two-catalyst systems in which the catalysts have been optimized separately for deethylation of EB and xylene isomerization [85-87]. The crystallite size used for de-ethylation is significantly larger than in the second catalyst used for xylene isomerization. Advanced MHAI is one example. The Isolene process is offered by Toray and their catalyst also appears to be MFI zeoUte-based, though some patents claim the use of mordenite [88, 89]. The metal function favored in their patents appears to be rhenium [90]. Bimetallic platinum catalysts have also been claimed on a variety of ZSM-type zeolites [91]. There are also EB dealkylation catalysts for the UOP Isomar process [92]. The zeolite claimed in UOP patents is MFI in combination with aluminophosphate binder [93]. 

The 463 patent claims a diltiazem formulation containing both slow-release heads, of the type found in Tiazac, and at least 1% free diltiazem. Because Tiazac is prior art to the 463 patent, the patent cannot cover Tiazac and he vahd See In re Buspirone Patent Litigation, 185 F. Supp. 2d at 360-62. 

There are basically three types of patent claims (i) product or compound claims (ii) process or method claims and (iii) product-by-process claims (see Table 3). The name of each type of claim is self-defining. Product claims cover devices such as robotics [2] which are used in combinatorial chemistry. In addition, these claims can cover a particular compound, group of compounds or even an entire library of compounds [3], Note that... 

Between the methods of Agrobacterium and microprojectile transfer, nearly every plant species can be transformed effectively [35]. However, these methods are covered by patent claims and may result in limited transformation efficiency for some cell types. For this reason, the use of alternative gene-transfer methods is an active area of research for all cell types. Alternative gene-transfer techniques include electroporation, microinjection, liposome fusion, direct transfer into protoplasts, and laser treatment [38]. In electroporation, DNA is transferred into the cell using a high-voltage electrical pulse [39]. Standard... 

Substitution of aromatic hydroxy groups is generally not a feasible reaction. Only a few examples of this type of reaction are known. A patent claims that fluorobenzene is obtained from phenol in up to 23 % yield when treated with hydrogen fluoride in the presence of boron trifluoride for six hours at 200 C.A small amount of diphenyl ether is formed as a byproduct. With hydrogen fluoride alone the yields arc lower, e.g. up to 14" o when phenol is treated with hydrogen fluoride in an autoclave for 66 hours at 150 C. "... 

In the past 25 years, there have been numerous publications and patents claiming applications of 1-haloalkyl carbonates to mask acid or hydroxy functions of certain types of active compounds such as parmaceuticals or pesticides according to the scheme 62. 

Sohio Issued several patents claiming catalysts based on vanadium, antimony and some promoters which are able to ammoxidize propane with a completely heterogeneous mechanism (66). These catalysts can be considered intrinsically multifunctional since both dehydrogenation and nitrogen insertion functions are present (67,68). The main problem with this type of catalyst is the low rate of the subsequent ammoxidation of intermediate propylene. Indeed, propylene is always present as a by-product. 

Free to patent and to practice. Inventions of this type are those that are distinct from anything disclosed in the prior patent and fall outside the scope of the patent claims. 

None of the compounds described in this chapter has any reported commercial applications, although a number of papers and patents claim various types of biological activity as summarized in Table 3. 

Most tetrafluoroborate and hexafluorophosphate ionic liquids are patent free however, owing to their cost, their insufficient stability toward hydrolysis and issues concerning their disposal, such ionic liquids are not useful for industrial applications. These problems prompted researchers to develop new types of ionic liquids with different anions, many of them being protected by state-of-the-matter patents, for example, HSOJ (Ref. 184), PF3(C2F5)J (Ref 185) and borate derivatives. To solve the problem of the high cost of imidazolium-based ionic liquids, one patent claims broad coverage of cheap phosphonium ionic liquids. ... 

Hydroxylamines [25] have the advantage that they are almost completely colourless, unlike the aromatic amines which are coloured, and the hindered phenols which form highly coloured breakdown species. This class of additive is exemplified by N,N-di(hydrogenated tallow)hydroxylamine (Irgastab FS-042 Ciba). This type of additive appears to operate as a radical scavenger and as a peroxide decomposer. Nitrones formed by oxidation of the hydroxylamine are also said to be stabilisers. Patents claim these additives as useful in reducing aldehyde content in polyester [28, 29], but there does not appear to have been any systematic study of their antioxidant capabilities in aromatic polyesters. 

Various patent claims have been made for dinucleotide drugs of type (12.135), for the treatment diseases such as bronchitis, TB and other lung conditions [26,27]. 

The synthesis of molecular sieves containing transition metals in the framework represents a reliable route for preparing materials with novel catalytic properties. In spite of the large number of papers and patents claiming the incorporation of several transition metal ions in different microporous silica frameworks, unambiguous evidence in favor of the isomorphous substitution of silicon has been achieved only for Ti and Fe, for the former limited to few framework types. Some evidence exists also for V and Cr, but the data available do not allow definite conclusions to be drawn in this regard. 

The point is this. Use of the term co-crystal in the introduction, or preamble, of a patent claim defines the type of composition being claimed. First, defining the claimed composition as a co-crystal refers to the solid state and excludes amorphous materials. Second, it is a co-crystal and therefore distinct from a non-crystalline mixture or a salt, a crystalline solvate, or other prior art combinations of the API and co-former (should they exist). While a general preamble may not affect the scope of a claim, the preamble of a claim when used to define a substance to the exclusion of others may in fact limit the scope of the claim. Thus, the purpose and effect of an inventor using the term cocrystal to define the relationship between the API and co-former in the composition should be considered not only for what it includes, but also for what it excludes. This can be a useful defitional boundary to focus on what is the patentable subject matter and why it is patentable. 

Piedpitated silica having pH from 8 to 10. Rendered hydrophobic by ai suitable method but only polysUaxane or alkyl (aryl or alitydic) silanes claimed, Type of silica employed is a special provision of the patent... 

The development of high strength thermoplastic adhesive copolymers of the EAA type containing reactive carboxyl groups has made it practical to bond insulation such as polyethylene to metal conductors to provide adequate bonding and long term environmental resistance. Frequently, the EAA copolymer is extruded around the cable. Peacock reports that when a layer of acrylic acid-ethylene copolymer (7 43) was extruded at 140°C over a flexible aluminum conductor followed by a layer of polyethylene insulation, the bond strength between the insulation and the conductor was 72 N/cm compared with 1.4 N/cm for a control assembly without the copolymer adhesive. There are numerous similar patent claims for insulated conductor cable. 

Chemical structures in patents fall broadly into two types specific compounds and Markush structures. The term Markush Structure refers to a generic structure that appears in patent claims, and typically encompasses a broad family of potential compounds well beyond any specific compounds named or exemplified in the patent. Thus, Markush structures in patents contain prophetic material, but this material can be used as prior art against others. Therefore, the indexing and searching of Markush chemical structures in patents is extremely important. The patent offices from all major countries and patent issuing authorities (e.g., the European Patent Office) recognize Markush claims as patentable material. 

---