Appeal No. 2005-0784
Application No. 10/138,315
inserted into a miniature packet of a pharmaceutical
article (col. 1 lines 7-31; figures 1-6b).
It is acknowledge[d] that, Lyon, Jr. teaches
forming multiple booklets, where each booklet is
connected to another booklet by a perforated separation
line, while the presently recited claim requires making
“only a single booklet” using a “glue being applied
along only a single line path on said rectangular sheet
of paper”. At the outset, the presently recited method
claim 26 uses an open transitional phrase:
“comprising”. Moreover, there is nothing in this
claim, which indicates a resultant booklet in this
claim is not an intermediate booklet article. In other
words, this claims does not preclude one in the art
from forming a resultant single booklet of claim 26
into a plurality of mini-booklets by simply die-cutting
the resultant single booklet. Clearly, a preference on
whether to provide a plurality of perforated cut-lines
to a sheet of printed paper so as to enable one to
separate a resultant booklet into a plurality of mini-
booklets or to cut-die a resultant booklet into a
plurality of mini-booklets is taken to be well within
the purview of choice in the art. In any event, one in
the art reading the collective teachings of Lyon, Jr.
and DeLise would have readily recognized and
appreciated that, it is also well within the purview of
choice in the art to choose on whether to form multiple
booklets or a single booklet from a sheet of printed
paper. All that would have been required is to use a
larger sheet of printed paper with perforated cut-lines
and a plurality of glue strips, if multiple booklets
are desired, while a smaller sheet of printed paper
without perforated cut-line and a single glue strip, if
only a single booklet is needed. There is none, but
only the expected result, of forming a booklet or
booklets using the collective teachings of Lyon, Jr.
and DeLise, would have been achieved. Therefore, it
would have been obvious in the art to form a single
booklet from a single printed sheet in the process
taught by Lyon, Jr. It directly follows that, it would
have been obvious in the art to apply a glue “along
only a single liner path on said rectangular sheet of
paper” to form a single booklet.
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