Ex Parte 6497843 et al - Page 3

               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                                                                                          


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