Appeal No. 2006-2084
Reexamination Control No. 90/006,360
through 6.5 mm." Independent claims 1 and 16 recite an insert defined by an
"inscribed circle having a diameter less than approximately 90% of the shank
width," and dependent claims 4 and 9, which depend on claims 1 and 16,
respectively, recite that the "inscribed circle has a diameter within the range of
approximately 5.5 mm through 6.5 mm." The question is what is meant by
"approximately." Reexamination requester interprets "approximately . . . 6.5 mm"
to include slightly less than 7 mm, as taught by Nikcole, because (Req. Reexam
at 13-14):
NIKCOLE's tool insert is rhomboidal-shaped with an inscribed circle that is
less than 7 mm and therefore within the range of approximately 6.5 mm.
Since there is no definition of the word "approximately", and looking to the
specification for guidance as to its meaning, the diameter of the inscribed
circle is described as preferably less than 90% of the shank width. As such,
since the range of the shank in this claim is 7 to 8 mm, the upper end of 90%
of 8 mm is 7.2 mm. Therefore NIKCOLE's inscribed circle that is slightly
less than 7 mm is within the claimed range.
The '400 patent discloses (col. 4, lines 41-59):
In the embodiment of the present invention illustrated, the tool insert 12 is
designed for tool shanks having a width A of 7 mm or greater, and therefore
the diameter of the inscribed circle IC is approximately 6 mm. Accordingly,
in a shank 10 having a width of 7 mm, the thickness C of the supporting
lip 24 is approximately 1 mm, and in larger-width shanks the thickness C
may be greater. In accordance with the present invention, for such
small-width shanks (i.e., 8 mm or less), the diameter of the inscribed circle
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