Appeal No. 2006-2084
Reexamination Control No. 90/006,360
a depth 'D', as shown in FIG. 4" (col. 4, lines 10-14). It is described that "[w]hen
the tool insert 12 is received within the recess 16 of the shank, preferably
substantially the entire depth D of the respective cutting tip 32 extends beyond the
end surface 33 of the shank (FIGS. 2 and 3)" (col. 4, lines 33-37). Patent owner
argues that "substantial" is defined in the dictionary as "considerable in quantity:
significantly large," which is said to be consistent with the specification, which
describes the cutting tip extending beyond the end of the tool shank such that the
cutting tip can contact the surface of the workpiece without any interference from
the tool shank (Br8-9). It is argued that "one skilled in the art would understand
the claim term 'substantial portion' to mean that a sufficiently large portion of the
two sides of the insert extend beyond the end of the tool shank to allow the cutting
insert to cut a workpiece in the manner described in the specification" (Br9;
see also RBr2).
The request for reexamination states, for example, that "[a] 'substantial
portion' of the other two sides of KYOCERA'S ['profiling'] insert extend beyond
the end of the shank by virtue of the fact that the sides extend out an amount
sufficient 'to form a cutting tip'" (Req. Reexam at 19), which interpretation is
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