Ex Parte 5156811 et al - Page 9

                 Appeal 2007-2807                                                                                      
                 Reexamination 90/006,511                                                                              
                 Patent 5,156,811                                                                                      
                        shown in Figure 4, the flow control device of the invention will                               
                        be covered with the accumulated liquid, as a result of which it                                
                        will become substantially impervious to the flow of gas or                                     
                        liquid through it.  This therefore terminates the aspiration                                   
                        before the accumulated liquid reaches the level at which                                       
                        undesired outflow from the outlet fitting can occur.                                           
                 Such a shut-off valve for controlling fluid flow is reasonably pertinent to the                       
                 problem with which the patentee was involved.                                                         
                        In the Background of the Invention section of the patentee’s                                   
                 specification, the problems with which the inventor was concerned were                                
                 described.  Specifically, they all involve contamination, during use, of                              
                 pipette devices for drawing and dispensing liquid samples.  A major problem                           
                 is potential contamination by way of vaporized aerosol droplets and is                                
                 described as follows (Spec. col. 1:33-42):                                                            
                               One major problem with such liquid sampling                                             
                        arrangements is that the pipettor or suction device itself may                                 
                        become contaminated by a liquid sample, resulting in potential                                 
                        hazards to operators as well as cross-over contamination in                                    
                        subsequently drawn samples.  One major cause of such                                           
                        contamination is the so called aerosol effect, in which some of                                
                        the liquid sample is vaporized and forms droplets which are                                    
                        drawn upwardly with the air as it is drawn out of the pipette by                               
                        the suction device.                                                                            
                 A separate problem is contamination by contact with the liquid sample itself                          
                 and is described as follows (Spec. col. 1:42-47):                                                     
                        Such contamination can also occur if the operator holds the                                    
                        pipette wrongly while drawing or transporting the sample, for                                  
                        example at an angle rather than vertically, if the pipette is jarred                           
                        or moved too quickly, so that the liquid flows to the pipettor                                 
                        end of the tube, or if the liquid foams or bubbles up the tube.                                


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