On including prior art in a patent specification
HOWEVER, 102(b) prior art is usually readily identifiable, and admitting the obvious is not such a big deal. Making a clear distinction from prior art is usually helpful in moving prosecution along.
Constant v. Advanced Microdevices, 848 F.2d 1560, 1570 (CAFC 1988)
In re Nomiya, 509 F.2d 566, 571 n.5 (CCPA 1975)
Note from stratfordpub Obviousness Standard for Patents [by Paul Davis, Scott Szala] :
the AIA legislatively overrules the Nomiya line of cases, wherein admissions can make prior art out of non‐prior art. See In re Nomiya, 509 F.2d 566, 571 (CCPA 1975). Thus, admissions should remain as non‐statutory prior art.
Separately, on a "noticed fact"
37 CFR 1.111(b)