Ex Parte Hudak - Page 3

                Appeal No. 2006-2699                                                                          
                Application No. 09/915,494                                                                    

                      wherein                                                                                 
                      when the valve is in the first position, the valve compartment is                       
                      in fluid communication with the chamber and is not in fluid                             
                      communication with the reservoir;                                                       
                      when the valve is in the second position, the valve compartment                         
                      is not in fluid communication with the chamber nor the                                  
                      reservoir;                                                                              
                      when the valve is in the third position, the valve compartment is                       
                      in fluid communication with the reservoir and is not in fluid                           
                      communication with the chamber; and                                                     
                      the valve being inoperable after a first actuation.                                     
                      Thus, claim 74 is directed to a specimen collection device comprising                   
                a specimen-collection chamber, a reservoir, and a valve having a                              
                compartment for transporting an aliquot of specimen from the chamber to                       
                the reservoir.  The valve has a first position in which the valve compartment                 
                is in fluid communication with the chamber and not the reservoir, a second                    
                position in which the valve compartment is not in fluid communication with                    
                the chamber or the reservoir, and a third position in which the valve                         
                compartment is in fluid communication with the reservoir and not the                          
                chamber.                                                                                      
                      Claim 74 also states that the valve is “inoperable after a first                        
                actuation.”  We interpret this limitation to mean that once the valve is moved                
                from the first position to the second position, the valve becomes inoperable,                 
                such that it cannot transport a second aliquot of specimen from the chamber                   
                to the reservoir.                                                                             


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