Appeal No. 2002-0993 Page 9
Application No. 09/368,781
being screwed into a coincident threaded aperture j' in the disk to secure the
cutting-plates within the sockets or recesses.
While the cutting-plates have been disclosed as triangular in shape with three
cutting-edges, Root teaches (page 2, lines 18-31) that such shape is not essential and
any other angular form of cutter may be employed. For instance, hexagonal cutters
may be employed, each having six cutting edges with the cutters being disposed in
hexagonal sockets.
The appellants argue (brief, pp. 7-8) that Root's pliers do not anticipate the
subject matter of claim 37 since Root's pliers do not include a first insert having first and
second sides, the first side being tapered to form a first cutting edge, the second side
being tapered to form the second cutting edge. We do not agree.
Claim 37 reads on Root's pliers as follows: A tool for cutting materials (Root's
pliers), comprising: a first lever arm (Root's first member A); a second lever arm (Root's
second member A), the second lever arm being coupled to the first lever arm by a pivot
assembly (Root's pivotal screw E, eye e and threaded eye e'); and a first insert
disposed at least partly within and attached to the first lever arm (Root's first cutting-
plate H in the first member A), the first insert having first and second sides (Root's first
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