Appeal 2007-0393
Reexamination Control 90/006,786
Patent 6,497,843
1 Double Patenting
2 Findings of Fact1
3 The claimed subject matter
4 F. 1. The subject matter of the 843 patent relates to an assay device and a
5 method for using the device for urinalysis.
6 F. 2. The device may include assays for testing for different drugs.
7 F. 3. The device includes a transparent container with a sealable lid.2
8 F. 4. The container holds a chemical assay assembly.
9 F. 5. The assay assembly has a liquid impermeable layer.
10 F. 6. The assay assembly further includes at least one assay strip positioned
11 on the front of the impermeable layer and viewable e from the outside of the
12 container.
13 F. 7. A wicking material is attached to the backside of the liquid
14 impermeable layer.
15 F. 8. The wicking material contacts the assay strips.
16 F. 9. The assembly also includes a cover material which controls the
17 contact of urine with the wicking material and assay strips.
18 F. 10. The cover allows the urine to contact the wicking material only at the
19 bottom portion of the container and precludes direct contact of the urine with
20 the assay strips.
21 F. 11. In use, urine is added to the container, contacts the wicking material
22 through the opening in the cover, wicks upwardly by capillary action until it
1 The findings herein are supported by a preponderance of the evidence.
2 The claim uses the word “cover” rather than “lid” to describe the container closure. Claim 1 also uses
“cover” to describe the portion of the assembly that controls the contact of urine with the wicking material.
Patentee’s written description uses the word “lid.” to describe the container closure. We use the word lid to
avoid confusion with the second use of “cover” in Claim 1.
- 2 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: September 9, 2013