Ex Parte LaBounty et al - Page 7



          Appeal No. 2003-0510                                                        
          Application No. 09/524,904                                                  

          in view of the teachings of Ramun to modify the cross cutter                
          blade of Sederberg and its receiving recess 92 (such as by making           
          both the blade and the recess square in plan view) so that the              
          blade may be rotated about an axis perpendicular to one of its              
          major faces to bring successive adjacent cutting edges into an              
          operative cutting position.  In this matter, note that Ramun                
          discloses that the reversible, indexable cutter blade inserts               
          10 having multiple cutting edges may be either rectangular,                 
          square, or rhombus in shape (column 4, lines 31-52).                        
               Appellants’ arguments in the main and reply briefs have been           
          considered.  At the outset, we simply disagree with the argument            
          in the third full paragraph on page 4 of the reply brief that               
          appellants’ specification provides a definition for the term                
          “successive” appearing in the claims.  As we see it, the section            
          of appellants’ specification quoted on page 4 of the reply brief            
          merely provides an example of what may constitute “successive”              
          exposure of a plurality of cutting surfaces.  The argument in the           
          second full paragraph on page 4 of the reply brief that                     
          Sederberg’s rectangular cross blade does not allow for                      
          “successive” exposure of four edges for shearing is not                     
          persuasive because it is based on an unreasonably narrow                    
          interpretation of the scope of the “indexable” “rotatable” and              
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