Ex Parte 5779400 et al - Page 3



            Appeal No. 2006-2084                                                                              
            Reexamination Control No. 90/006,360                                                              

                                               LITIGATION                                                     
                   The '400 and '158 patents were the subject of a civil action styled Fountaine              
            v. Engineered Tool Corp. and Robert S. Snyder, No. 02-30001-MAP (D. Mass.,                        
            filed January 3, 2002).  An order of dismissal without prejudice was entered by                   
            Judge Michael A. Ponsor on March 16, 2005.                                                        

                                              BACKGROUND                                                      
                   The invention relates to small-shank cutting tools with interchangeable tool               
            inserts for use on automatic lathes.  The following description of the prior art and              
            the inventions is taken from the '400 patent and the declaration of the inventor                  
            William Fountaine, dated July 3, 1997, in Application 08/632,347 (Exhibit 3 to                    
            request for reexamination).                                                                       
                   In a typical Swiss-type automatic screw machine, a plurality of cutting tools              
            are radially disposed about a sliding headstock (the part of a lathe that supports and            
            drives a revolving part) for cutting a workpiece, which is rotatably and                          
            longitudinally driven relative to the tools.  The cutting tools are typically                     
            comprised of a tool bit or insert attached to a tool holder or shank, and the shanks              


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