Ex parte NIEBAUER - Page 6




                Appeal No. 97-0593                                                                                                            
                Application 08/365,906                                                                                                        



                substantially linear side edges that are aligned orthogonally                                                                 
                with respect to the cutting edges (16) of the cutting insert                                                                  
                therein merely because Warren shows a cutting insert having                                                                   
                recesses (18) with linear side edges that are so oriented, we                                                                 
                find such a position to be untenable.2                                                                                        


                                 Like appellant, we find the disclosure of the Stashko                                                        
                patent to be inconsistent and generally ambiguous with regard to                                                              
                the width dimension of recesses or depressions (36) therein                                                                   
                relative to the width dimension of the groove defined by surfaces                                                             
                (20, 24) of the cutting insert.  All of the top plan views of the                                                             
                inserts in Stashko (i.e., Figures 1A, 6 and 7) show the width                                                                 
                dimension of recesses or depressions (36) to be smaller than the                                                              
                width dimension of the groove adjacent the cutting edges of the                                                               
                inserts.  However, sectional views seen in Figures 2 and 5 of                                                                 
                the patent inexplicably appear to show the width dimension of a                                                               
                recess or depression (36) as being larger than the width                                                                      
                dimension of the groove.  In light of these inconsistencies, it                                                               


                         2Like the examiner, we note that while the specification                                                             
                in Stashko uses reference characters to refer to the various                                                                  
                elements of the cutting inserts described therein, the drawings                                                               
                of Stashko have no reference numerals associated therewith.                                                                   

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