Appeal No. 2006-2084
Reexamination Control No. 90/006,360
tool insert"; and independent claims 16-18 recite that the tool insert has "four sides
defining an approximately rhomboidal shape." "Rhomboidal" is defined as
"[s]haped like a rhombus or rhomboid." The American HeritageŽ Dictionary of
the English Language (4th ed., Houghton Mifflin Co. 2000). A "rhomboid" is
defined as "[a] parallelogram with unequal adjacent sides," id., and a "rhombus" is
defined as "[an] equilateral parallelogram," id. Thus, a "rhomboidal shape" reads
on parallelograms with unequal adjacent sides (rhomboid) and parallelograms with
equal adjacent sides (all of its sides are then necessarily equal) (rhombus). The
insert in Fig. 4 is a rhombus.
Vertical tool not recited
The claims do not expressly recite a "vertical" insert and tool holder. The
limitation of "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," in
claims 1, 2, and 16-18, and the similar limitation in claims 10 and 11, perhaps
indirectly implies a vertical tool insert and tool shank, because this relationship is
present in a vertical tool, whereas the bottom surface of a "profiling" tool insert is
normally fully supported by the tool shank (as shown, for example, in Kyocera).
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