Appeal No. 2006-2084
Reexamination Control No. 90/006,360
shank . . .; an approximately rhomboidal-shaped tool insert . . .; and a threaded
fastener . . .," which clearly recites the combination of a tool shank, tool insert, and
threaded fastener. For these reasons, we disagree with patent owner's statement
that the seven independent claims are "each directed to a tool insert in combination
with a tool shank for cutting on an automatic lathe" (Br2): only claims 1-15 recite
the combination.
Although the tool shank and threaded fastener are part of a statement of
intended use and not part of claims 16-19, this does not mean that the limitations
are completely ignored. We interpret the tool shank and threaded fastener
limitations to limit the claims to the extent that they limit the structure of the tool
insert. One limitation is "said insert defining an inscribed circle having a diameter
less than approximately 90% of the shank width," where the shank has a maximum
width of "less than approximately 9 mm." This limits the diameter of the inscribed
circle of the insert to less than 90% of 9 mm (less than 0.81 mm). The diameter of
the fastener aperture has a "diameter less than approximately 70% of the diameter
of the inscribed circle" and, so, is indirectly limited by the shank width. The other
limitations of the tool shank in the preamble and the relationships between the tool
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