Appeal No. 2006-2084
Reexamination Control No. 90/006,360
inscribed circle IC of the insert to maintain it structural integrity" (col. 4,
lines 64-66). That is, maximum diameter E of the countersunk aperture 34 is the
maximum diameter of the countersink. The '400 patent discloses that a preferred
fastener has a 2.5 mm diameter (erroneously stated to be a "2.5 mm pitch") (col. 5,
lines 39-42), but does not mention the maximum diameter of the countersink.
Independent claims 1, 2, and 16-18 recite a "fastener aperture . . . having a
diameter less than approximately 70% of the diameter of the inscribed circle," and
do not recite the use of a countersunk head fastener. Any aperture diameter less
than 70% of the IC diameter satisfies this claim limitation: the diameter does not
have to be a maximum diameter. Independent claims 10 and 11 recite "wherein the
fastener aperture has a maximum diameter within the range of approximately
3 mm through 4.5 mm," and recite a countersunk head fastener, which we interpret
to define the largest diameter of the countersunk portion of the aperture.
Inscribed circle diameter
This claim interpretation only relates to the new ground of rejection, infra,
which relies on Nikcole. Claims 10 and 11 recite a "tool insert defined by an
inscribed circle having a diameter within the range of approximately 5.5 mm
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