Ex Parte SMITH - Page 5



            Appeal 2007-1925                                                                                
            Application 09/391,869                                                                          


            Findings of Fact Relating to Anticipation                                                       
                   1. Michlin discloses a pocketed insert with a front ply having a single                  
                         thickness secured to a back ply having a single thickness to form a                
                         pocket (Michlin, col. 2, ll. 37-46, Figs. 1 and 2).                                
                   2. Michlin discloses that the pocketed insert is “of multi-ply construction              
                         with a back ply, a front ply disposed over the back ply to define a                
                         pocket and at least one insert ply in the pocket”  (Michlin, col. 1,               
                         ll. 32-35).                                                                        
                   3. “In other cases, one or more inserts may be provided within the                       
                         pocket and may extend slightly out of the pocket in order to be                    
                         manually grasped and removed.”  (Michlin, col. 1, ll. 48-51).  Thus,               
                         Michlin teaches that one or more insert plies optionally may be                    
                         inserted in, but are separate from, the pocket.                                    
                   4. The pocket of Michlin is shown and described as having an opening                     
                         facing toward the binding (Michlin, col. 2, ll. 53-55, Figs. 1 and 2).             
                   5. Michlin also teaches that the back surface of the back ply can be                     
                         preprinted with reply address information and postal indicia so as to              
                         be conveniently mailed (Michlin, col. 3, ll. 15-18).  Michlin does not             
                         specify whether the back ply can be preprinted before assembly of the              
                         pocket insert or after assembly into the pocket insert but before                  
                         binding into the book (Michlin passim).                                            



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