Appeal 2007-0393 Reexamination Control 90/006,786 Patent 6,497,843 1 contacts and reacts with the assay strips providing an indication of the 2 presence or lack of drugs. 3 F. 12. The claimed process includes four steps. 4 F. 13. Three of the steps are (1) removing the lid from the container, (2) 5 introducing the urine into the container, and (3) placing the lid back on the 6 container. 7 F. 14. The remaining step is “allowing the urine to solely wick up the 8 wicking until it reaches the assay strip in order to react with the assay strip 9 and to provide for continuous flow of the urine to the assay strip.” Claim 1. 10 The subject matter claimed in Patent 6,379,620 11 F. 15. Claims 4 and 6 of the 620 patent also relate to an assay device and 12 method of urinalysis. 13 F. 16. The assay assembly includes a wicking means attached to the back of 14 the liquid impermeable layer. 15 F. 17. A portion of the wicking means “extends over a top edge of the liquid 16 impermeable backing and overlapping said assay strip.” 17 F. 18. The method of Claim 6 also recites four steps. 18 F. 19. Three of the steps are the same as in Patentee’s Claim 1: (1) removing 19 the lid from the container, (2) introducing urine into the container, and (3) 20 placing the lid on the container. 21 F. 20. The remaining step is “allowing the urine to wick up the wicking 22 means and down the assay strip to react with the assay strip.” 23 Differences between the subject matter of Claim 6 of the 24 620 patent and the subject matter of Claim 1 of the 843 25 patent 26 - 3 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: September 9, 2013