Appeal No. 2006-2084
Reexamination Control No. 90/006,360
Nevertheless, the claims do not expressly recite a "vertical" tool and we will not
read implicit limitations into the claims. The limitation of a "cutting tip" in
claims 1, 2, and 16-18, refers to a pointed end or apex, but this does not distinguish
over the point of a single-point "profiling" insert. Independent claims 10 and 11
recite "at least one cutting edge" rather than a "cutting tip." An "edge" is the line at
which two surfaces of a solid object meet. Patent owner states that the "profiling
tool [in Kyocera] has two cutting edges, rather than a cutting tip" (Br7-8);
therefore, we interpret that the "edge" can be the line where the side surfaces of the
insert meet the front surface and not necessarily the line representing the
intersection of the two side surfaces. The limitations of "cutting tip" and "cutting
edge" do not inherently require a vertical tool. We agree with the examiner's
interpretation that "the vertical tool shank is not a limitation of the claimed
invention based on the language of claim 1" (EA20; see also EA21).
Fastener aperture diameter
The '400 patent discloses that the insert has a countersunk aperture through
the approximate center of the inscribed circle and "[t]he countersunk aperture 34
defines a maximum diameter E which is sufficiently less than the diameter of the
- 21 -
Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: November 3, 2007