Appeal No. 2002-0993 Page 10
Application No. 09/368,781
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 being tapered to form a first cutting edge (one of Root's three beveled
sides on the first cutting-plate H is tapered to form a first cutting edge), the second side
being tapered to form the second cutting edge (another of Root's three beveled sides
on the first cutting-plate H is tapered to form a second cutting edge), the first insert and
the second lever arm 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 member A are configured
to cooperatively act to cut material disposed therebetween when the angle between the
first member A and the second member A is reduced towards zero).
Since claim 37 is readable on Root, claim 37 is anticipated by Root. Accordingly,
the decision of the examiner to reject claim 37 under 35 U.S.C. § 102(b) is affirmed.
The obviousness rejection of claim 38
We sustain the rejection of claim 38 under 35 U.S.C. § 103.
Claim 38 reads as follows:
The tool of claim 37 further comprising: a second insert disposed at least
partly within and attached to the second lever arm, the second insert having first
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