Appeal No. 2002-0993 Page 11
Application No. 09/368,781
and second sides, the first side of the second insert being tapered to form a
fourth cutting edge, the second side of the second insert being tapered to form a
fifth cutting edge, the first insert and the second inserts configured to
cooperatively act to cut material disposed therebetween when the angle between
the first lever arm and the second lever arm is reduced towards zero.
The appellants argue (brief, p. 13) that Root's pliers do not teach or suggest the
subject matter of claim 38. We do not agree.
Claim 38 reads on Root's pliers as follows: The tool of claim 37 further
comprising: a second insert disposed at least partly within and attached to the second
lever arm (Root's second cutting-plate H in the second member A), the second insert
having first and second sides (Root's second cutting-plate H has at least five sides (i.e.,
the three beveled sides forming three-cutting edges, an upper side as shown in Figures
4 and 5 and a lower side as shown in Figure 4)), the first side of the second insert being
tapered to form a fourth cutting edge (one of Root's three beveled sides on the second
cutting-plate H is tapered to form a forth cutting edge), the second side of the second
insert being tapered to form a fifth cutting edge (another of Root's three beveled sides
on the second cutting-plate H is tapered to form a fifth cutting edge), the first insert and
the second inserts configured to cooperatively act to cut material disposed
therebetween when the angle between the first lever arm and the second lever arm is
reduced towards zero (Root's first cutting-plate H and second cutting-plate H are
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