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`Atterney Docket No: 5 l 3665: DNA5»00 l CON2
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`EX. Claims Appendix (Corrected)
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`Claims l—32 (Cancelled)
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`33. (Previensly presented) A device for receiving and preserving nucleic acid in biological
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`samples, said device eeniprising:
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`a. one er inere walls defining a containment vessel having a tap having an ripening. and a elesed
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`bnttein having a sample receiving area fer holding said samples, said opening for receiving
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`liquid samples and far seaiably receiving a closing means,
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`b. a reagent eenipartrnent having a liarrier, said barrier sealing and containing reagents in said
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`reagent eernpartrnent and capable of permanent disestablislnnent l.l‘p0Il disruption tn release said
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`reagents into the sample receiving;
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`c. reagents in the reagent eenipartrnent fer preserving nucleic acids potentially present in the
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`sample; and?
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`d. closing means and disruption rneans, said disrnptien means for engaging said barrier wliereliy
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`Wlien sealably elesing said ripening with said elesing means, said disrupting nieans permanently
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`and mechanically disestablislies said barrier te release said reagents to preserve nucleic; acids
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`potentially present in the sample.
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`34. (lnfevieusly presented) The device of claim 33 wherein said elesing means is a cap and said
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`disruption means is a plunger.
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`35. (Previously presented) The device at" claim 34 wlierein said cap and containment vessel have
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`ceeperating threads.
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`36. {l’reviensl‘y presented} The device of claim 33 wherein said reagents comprise a denaturing
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`agent, a elielater and means for creating a pit et‘ geater than 5.6.
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`ANCESTRY EX. 1023
`ANCESTRY EX. 1023
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`1
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`US. Patent Application No.2 l2/338,873
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`Atterney Doeltet No: 513665: i)N'A5~(30lCOl\l2
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`37. (Previcusly presented) The device of claim 36 vvlierein said reagents conipri se a protease.
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`38. (Previously presented) The device of claim 37 wherein. said protease is prcteinase K.
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`39. (Previously presented) A rnetliotl of preserving nucleic acid in liielcgical samples,
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`comprising the steps cf:
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`2.. prnviding a device for receiving biological sample, said device having:
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`i. one er more walls defining a containrnent vessel liaving a top having an ripening, and a clnsetl
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`bettnni having a sample receiving area for linlding said samples, said opening for receiving
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`liquid samples and sealably receiving a closing ineans,
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`ii. a reagent ccmpartrnent having a liarrier, said barrier sealing and containing reagents in said
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`reagent compartment and capable of permanent disestalilislnnent upon tlisrupticn to release said
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`reagents intc tlie sample receiving;
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`iii, reagents in the reagent compartrnent for preserving nucleic acids potentially present in the
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`sample; and,
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`iv. elcsing means and disruption means, said disruption means for engaging said ‘carrier whereby
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`when sealably closing said opening with said closing rnearis, said disrupting means permanently
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`and mechanically dlSf3Sl£lbliSl’lf3S said barrier to release said reagents to preserve nucleic acids
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`potentially present in the sarnple;
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`4'3
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`li. receivin a sarn le in said tn l“1€t‘Vi1’l<F an 0 enin , and
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`c. affixing elcsing means to seal the sample in said ccntairnnent vessel and siinultaneously
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`permanently and mechanically disestaltslisliing said barrier tn release said reagents to preserve
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`nucleic acids in said sample.
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`2
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`US. l?’ai'.ent Application No: 12/338,873
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`Attorney Docket No: 513665: DiNA5—€)0li{30N2
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`40. {Previously presented} The method of claim 39 wherein said closing means is a cap and said
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`disruption means is e plunger.
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`41. (Previoiisly presented) The method of claim 4()__wherein said eap and eontainnient vessel
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`have cooperating threads.
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`42. (Previously presented) Tiie method of claim 39 wherein said reagents eoniprise a denaturing
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`agent, a ehelator and means for creating a pH of greater than 5.0.
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`43. (Previously presented) The method of claim 39 wliereiii said reagents comprise a protease.
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`44.,
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`(Previously presented) The method of claim 43 \.V,i1€1‘€i1‘l_
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`said protease is pi"oteina.se K.
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`45.
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`(Previously presented) The method of claim 39 further eoinprising the step, following said.
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`affixing step, of storing said sample at room teinperature for a period of at least one day.
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`13a
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`3
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`I hereby certify that this paper (stung; with any paper referred tci as being
`attached or ertetosect) is being transmitted via the Office etectrenic fiting system
`in aeeerdanee with § ‘E .6(a)(:t).
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`
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`Dated: Oc—tc3ber24 2C}t4
`Eiectrorsae Signature fctr/Knthony J. Janiuk, Esq; g'_E\_._nthon
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`’
`J. Jarisuki
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`ggckgt N0,
`513665: D.NA5_Q01C0N,2
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`EN '.t‘E-itttl UNit'E‘}3lit3 $'E‘A't"ES i“ATENT ANB TRAEEEMARK {Pt*‘E'-‘ICE
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`ti. Chaim Bimitseiiti
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`Application
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`13/'338,873
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`Filed: December 18, 2008
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`AitUnit: 1637
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`Cent.
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`6188
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`For: COMPGSFFEONS AND METE-i()iE)S FOR OBTAINING NUCLEEC ACEDS FROM
`SPUTUM
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`Corrimissierier for Patents
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`R0. Box 1450
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`Ate><aii.<‘iris., VA 22313-1450
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`RESPQNSE T0 TEEIIE Ne'if;tt._:t: es :st>s‘—essti>:,i‘.sNfrAsset/st.‘ ester
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`Dear Sit:
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`in response to the Notice OfN0£'t_-C0tnpii3,I1‘t Appeai Brief riiaiied October 21, 2014,
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`Applicant tiles the present response and two pages comprising the Claims Appeiidix. Applicant
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`respee’t;tit.1ty submits the present response is timely tiled withiri the two meiitti peried set for
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`Notice and IE0 other fees are due. However, in event Apptieant is rriistekeri, Appticant requests
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`an extensieti of time such that the present Response is timety and authorizes the Cemmissiener
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`te charge any fees associated. with this Response to Depesit Aeeeunt 12-3600 (513565: DNA5-
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`OMCONZ).
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`Please substitute the Claims Appendix, pages 12 and 13 of the Appeal Brief with attached
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`Claim Appendix (Corrected) substitute pages 12, 13 and 133.
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`4