Appeal No. 2006-2084
Reexamination Control No. 90/006,360
adopted by the examiner (EA7). That is, the reexamination requester and the
examiner interpret a "substantial portion" to be met if the sides perform the
function of "forming a cutting tip for cutting a workpiece." We disagree.
In the limitation, "a substantial portion of the other two sides of the insert
extending beyond the end of the shank and forming a cutting tip for cutting a
workpiece," we interpret "a substantial portion of the other two sides of the insert
extending beyond the end of the shank" to be one limitation, and the limitation
"and forming a cutting tip for cutting a workpiece" to be an additional limitation on
the two sides. A "substantial portion of the other two sides of the insert extending
beyond the end of the shank" is not met just because the two sides form a cutting
tip. The term "substantial portion" is a relative term, which does not inherently
convey any exact quantifiable amount. Nevertheless, we conclude that one of
ordinary skill in the art would have understood a "substantial portion" to mean a
"significant portion," or "more than a small portion," as shown in the figures.
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