BARATTA & GOLDSTEIN ATTORNEYS AT LAW 597 FIFTH AVENUE NEW YORK, N.Y. 10017 ------- JOSEPH P. BARATTA (212) 750-9700 FACSIMILE: (212) 750-8297 HOWARD J. GOLDSTEIN INFO@BARAGOLD.COM LOUIS R. AIDALA OF COUNSEL JOAN PALERMO MARGARET M. STANTON JOSEPH A. BARATTA* LINDA MARYANOV SAMUEL M. GREENFIELD * Admitted in NY and NJ December 27, 2004 Via EDGAR David Ritenour, Special Counsel Securities and Exchange Commission 450 Fifth Street, NW Washington, D.C. 20549-0306 Re: Calypte Biomedical Corporation Amendment No. 2 to Registration Statement on Form SB-2 Filed December 27, 2004 File No. 333-119646 Dear Mr. Ritenour: On behalf of Calypte Biomedical Corporation ("Calypte" or the "Company"), please permit the within to serve as a supplemental response to the Commission's letter of December 21, 2004. In that regard Exhibit 5.1 to the Registration Statement has been amended to remove the assumptions referenced in points 1 through 4 of the Commission's letter of December 21, 2004. Further in accord with the Commission's letter, reference to the General Corporation Law of the State of Delaware has been expanded to include reference to statutory provisions and applicable provisions of the Delaware Constitution and reported judicial decisions. Additionally, the penultimate paragraph has been deleted from exhibit 5.1. Finally, the limiting language as referenced in point 7 of the Commission's letter has been removed. By way of separate correspondence, the Company has requested acceleration of the effective date of the registration. Should you have any questions please do not hesitate to contact the undersigned. Very truly yours, BARATTA & GOLDSTEIN /s/ Joseph A. Baratta JOSEPH A. BARATTA JAB/dr Enc.