Ex Parte 5156811 et al - Page 3

                 Appeal 2007-2807                                                                                      
                 Reexamination 90/006,511                                                                              
                 Patent 5,156,811                                                                                      
                        5.     There are five independent claims, 1, 8, 10, 29 and 37.                                 
                        6.     Claim 1 recites a pipette device, and reads as follows:                                 
                               1.     A pipette device, comprising:                                                    
                               a hollow tube open at opposite first and second ends                                    
                        thereof;                                                                                       
                               a plug member of porous, hydrophobic material located                                   
                        in the tube between said first and second ends and spaced a                                    
                        predetermined distance from said second end to define a liquid                                 
                        sample chamber of predetermined volume below said plug                                         
                        member, at least a majority of pores of said porous material                                   
                        containing separate particles of a hydrophilic material for                                    
                        absorbing any liquid contacting said plug member, the particles                                
                        being smaller than the pore size to allow gas to flow through                                  
                        said plug member, and comprising means for expanding and                                       
                        blocking said pores when contacted by a liquid; and                                            
                               the first end of the tube comprising means for attachment                               
                        to a suction device for drawing a predetermined volume of                                      
                        liquid less than said liquid sample chamber volume in through                                  
                        the second end of the tube to leave an air gap between the plug                                
                        member and liquid when a sample of liquid is drawn into the                                    
                        tube.                                                                                          
                        7      Independent claim 8 reads as follows:                                                   
                               8.     Liquid sampling apparatus, comprising:                                           
                                      a hollow tube open at opposite first and                                         
                               second ends thereof;                                                                    
                                      a plug member of porous, hydrophobic                                             
                               material located in the tube between said first and                                     
                               second ends to define a liquid sample chamber of                                        
                               predetermined volume between the plug member                                            
                               and said second end of the tube, at least a majority                                    

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