Appeal No. 2006-2084
Reexamination Control No. 90/006,360
Anticipation
"Having construed the claim limitations at issue, we now compare the claims
to the prior art to determine if the prior art anticipates those claims."
In re Cruciferous Sprout Litig., 301 F.3d 1343, 1349, 64 USPQ2d 1202, 1206
(Fed. Cir. 2002). "Anticipation requires the presence in a single prior art
disclosure of all elements of a claimed invention arranged as in the claim. A prior
art disclosure that 'almost' meets that standard may render the claim invalid under §
103; it does not 'anticipate.'" (Citation omitted.) Connell v. Sears, Roebuck & Co.,
722 F.2d 1542, 1548, 220 USPQ 193, 198 (Fed. Cir. 1983).
Kyocera teaches a tool holder SDJCR 0808F-07F (page 6) for use with
DCMH inserts having a 1/4" (= 0.250" = 6.35 mm) diameter inscribed circle (IC)
and which uses insert screw number SB-2570 (table, page 6). The SDJC tool
holder has an 8 mm square shank, which meets the "less than approximately
9 mm" shank width limitation of claims 1 and 16; the "width within the range of
approximately 7 mm through 8 mm" limitation of claim 10; and the shank width
limitations of dependent claims 3-5. The tool holder has a tool recess with two
tool-supporting surfaces at an acute angle and a surface which supports the entire
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