Ex parte MIKELIONIS et al. - Page 9




          Appeal No. 98-2123                                                          
          Application No. 08/326,669                                                  


               the back surface 4 and the front and back panels 15                    
               and 16 together at the adhesive lines 28 not                           
               separated by the spacer 55.  [Col. 5, lines 40-56;                     
               emphasis added.]                                                       
          Thereafter, Grover states that:                                             
                    Microfilm segments 54 may be added subsequent to                  
               the initial forming of the card 1 by inserting them                    
               within the pocket 51 into position between the                         
               remaining subparts 27 of the panels 15 and 16 which                    
               have not been sealed into the compartments 53.  The                    
               spacer 55 is then inserted into any remaining                          
               compartments 53, and the card 1 placed in a                            
               laminating machine whereby the last enclosed                           
               microfilm segments 54 are sealed within the                            
               respective compartments 53.  [Col. 6, lines 42-50;                     
               emphasis added.]                                                       
               In view of the above, it is readily apparent that,                     
          subsequent to the first placement of the card components of                 
          Grover in a laminating machine, the spacer 55 is both                       
          removable from and insertable into those compartments 53 (and               
          hence the sleeve) that are unsealed and empty for the purpose               
          of placing additional microfilm segments into these empty                   
          compartments.  This being the case, the spacer 55 (i.e., a                  
          functional member) has the capability of repeated receipt and               
          withdrawal as set forth in representative claim 1.                          
               With respect to representative claim 3, the appellants                 
          argue that the spacer 55 of Grover is not a test strip.  While              
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