Surgery – Diagnostic testing – Sampling nonliquid body material
Reexamination Certificate
1999-01-26
2001-01-09
Hindenburg, Max (Department: 3736)
Surgery
Diagnostic testing
Sampling nonliquid body material
C206S569000
Reexamination Certificate
active
06171260
ABSTRACT:
BACKGROUND OF THE INVENTION
1. Field of the Invention
This invention relates generally to evidence collection kits, and components therefor. More specifically, this invention relates to a biological evidence collection apparatus which may be used to provide contact-free drying, long-term storage, protection against sample switch and contamination, and identification of collected biological samples. The apparatus may be included in a kit which provides a set of tools for the collection and storage of biological evidence or other evidence.
2. Background of the Related Art
The analysis of biological evidence has become an important tool for state and federal investigators who are attempting to identify a person who has committed a violent crime. Samples of blood, semen, and other body fluids can often provide investigators with substantial information about the perpetrator. For example, if a blood sample taken from a crime scene precisely matches that of a particular suspect, the match can be used to directly link the suspect to the scene of the crime. Such evidence can also be valuable in civil investigations such as paternity suits.
Investigators may collect body fluid evidence from a crime scene by wiping it onto a cotton-tipped swab or a cotton pad. A prior method of collecting biological evidence is the placement of such evidence-containing swabs or pads into a paper or plastic container or bag, known as an evidence container or bag, for future storage and handling. The evidence bag may be sealed, and the investigator may write on the bag or place a label on the bag to provide some identification of the evidence.
However, several problems exist with such a collection system. First, each bag can store only one sample, as a bag provides no means to prevent multiple samples from coming into contact with each other. Second, a swab or pad may become contaminated, or the amount of evidence on the swab or pad may be diminished, when a wet swab or pad is placed into the bag because the swab or pad must contact the inside of the bag.
Prior attempts to facilitate the collection of biological material include U.S. Pat. No. 4,211,323, issued to Olsen, incorporated herein by reference, which relates to a disposable diagnostic swab assembly as illustrated in FIG.
1
. This assembly includes an elongated tubular plastic member
112
, a cotton-tipped swab
132
, and a plastic cap which is integral to the swab and which fits over the tubular member. The tubular member includes a pouch
178
which holds a culture medium
126
to provide an environment in which a biological sample can live.
The user collects a sample on the cotton-tipped swab and then places the swab into the tubular member such that the pouch is broken and the culture medium is released. The user then places the cap on the tubular member for the storage of the swab. The device in Olsen contains several disadvantages for forensic evidence. First, the device only allows for the storage of a single cotton-tipped swab. In addition, the device in Olsen contains solution and does not allow for contact-free drying. Further, this device provides no means for identification, labeling, or sealing to prevent tampering or contamination.
U.S. Pat. No. 4,707,450 to Nason, incorporated herein by reference, relates to a specimen collection and test device as illustrated in FIGS.
2
a
and
2
b.
This device consists of a cotton-tipped swab
214
having an elongated tubular handle
216
and a cap
234
which covers the swab and attaches to the tubular handle. The tubular handle may contain a reagent
218
which, when released, will saturate the swab tip
212
. This device contains several disadvantages for forensic evidence collection. First, the device only allows for the collection and storage of a single evidence-containing swab. Second, this device requires a specially designed swab which is attached to a tubular shank rather than an ordinary cotton-tipped swab. Further, this device provides no means for identification, labeling, or sealing to prevent tampering or contamination.
U.S. Pat. No. 4,803,998 to Kezes, et al., incorporated herein by reference, is illustrated in FIGS.
3
a-
3
c.
This patent relates to a combination of a cotton-tipped swab
310
, a containment vial
312
and a cap
314
. A user collects biological material using the swab and then places the swab into the vial. The user then breaks the shaft
318
of the swab at a predetermined location such that the swab matches the length of the vial as shown in FIG.
3
b.
The user then inserts the cap over the vial to contain the swab. This collection system contains several disadvantages. First, the system only allows for the collection and storage of a single evidence containing swab. Second, this system requires a specially-designed swab which is attached to a tubular shank rather than an ordinary cotton-tipped swab. Further, this device provides no means for identification, labeling, or sealing to prevent tampering or contamination. Further, this system also does not position the swab for contact free drying.
U.S. Pat. No. 5,477,863 to Grant, incorporated herein by reference, is illustrated in FIG.
4
. This patent relates to a collection kit which contains a holder
414
, a swab
415
, a container
411
and cap
412
, and a plunger
416
, all of which are contained in a package
413
. The user collects biological evidence on the swab and then places the swab into the container. The user then uses the plunger to break the swab from its handle. The user then seals the filled container with a cap.
This collection system also contains several disadvantages. First, the system only allows for the collection and storage of a single evidence-containing swab. Second, this system requires a specially-designed swab which is attached to a tubular shank rather than an ordinary, inexpensive, cotton-tipped swab. Further, this device provides no means for identification, labeling, or sealing to prevent tampering or contamination. Further, this system also does not position the swab for contact free drying which may lead to degradation of biological material.
Accordingly, we have determined that it is desirable to provide an inexpensive, portable apparatus for the collection and long-term storage of biological evidence, other evidence or samples requiring collection. We have also determined that it is desirable to provide a method for the collection of biological evidence or other evidence or samples which uses ordinary cotton-tipped swabs. We have also determined that it is desirable to provide an apparatus which allows for the contact-free drying of evidence-containing cotton-tipped swabs.
We have also determined that it is desirable to provide an apparatus that allows for the collection and storage of more than one evidence-containing swab. We have also determined that it is desirable to provide a device which prevents the evidence on one swab from touching the other swab. We have also determined that it is desirable to provide an apparatus that can be labeled to identify the source of the evidence, as well as its chain of possession.
In addition, we have determined that it is desirable to provide an apparatus that provides sealing of evidence to prevent tampering and contamination. Finally, we have determined that it is desirable to package an evidence collection, storage, and preservation apparatus into a kit which can be used by a single investigator or multiple investigators.
SUMMARY OF THE INVENTION
It is a feature and advantage of the present invention to provide an inexpensive, compact apparatus for the long-term storage of biological evidence, other evidence or samples requiring collection.
It is another feature and advantage of the present invention to provide for contact-free drying to prevent contamination of collected biological samples or other samples and to prevent degradation of biological samples.
It is another feature and advantage of the present invention to provide an apparatus for evidence and/or sample collection without requiring the use of reagents or other med
Hochmeister Manfred N.
Lee Henry C.
Donner Ira H.
Hale and Dorr LLP
Hindenburg Max
Institute of Legal Medicine, University of Berne
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