Ex Parte 5779400 et al - Page 24



            Appeal No. 2006-2084                                                                              
            Reexamination Control No. 90/006,360                                                              

                   IC should be no more than approximately 90% of the width A of the shank,                   
                   and for 7 mm shanks, the diameter of the inscribed circle IC is preferably                 
                   approximately 86% or less of the shank width, in order to ensure that the                  
                   lip 24 has sufficient thickness and structural integrity to fixedly support the            
                   tool insert during machining operations.  Accordingly, the diameter of the                 
                   inscribed circle IC is preferably within the range of approximately 5.5 mm to              
                   6.5 mm for shanks having a width within the range of approximately 7 mm                    
                   to 8 mm.                                                                                   
                   An inscribed circle (IC) is the largest circle that can be inscribed within the            
            four sides of the rhomboidal-shaped insert.  The IC diameter must be less than 90%                
            of the width of the shank and, so, must be less than 7.2 mm for an 8 mm shank.                    
            The IC diameter is also constrained to be less than or equal to the width of the                  
            shank minus the width of the supporting lip 24 and the lip is preferably at least                 
            1 mm; therefore, the IC diameter must be less than or equal to 7 mm for an 8 mm                   
            shank and a 1 mm lip.  The term "Accordingly" beginning the last sentence quoted                  
            above suggests that the "approximately . . . 6.5 mm" number is based on the 90%                   
            and 1 mm dimensions discussed in the preceding sentences and would include                        
            7 mm.  Certainly, no reasons are provided for the use of 6.5 mm for an 8 mm shank                 
            width.  Nevertheless, 6.5 mm is less than 7 mm and we will not interpret                          
            "approximately" 6.5 mm to read on 7 mm.  Since the new ground of rejection is                     
            based on obviousness, it is not necessary to adopt a forced claim interpretation.                 

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