Appeal No. 2006-2084
Reexamination Control No. 90/006,360
claim 7. Since the head diameter of the screw is 3.5 mm, the maximum diameter
of the countersunk aperture is less than 3.5 mm, which meets the limitations of
"less than approximately 70% of the diameter of the inscribed circle"
(0.7 x 0.250" = 0.175" = 4.45 mm), as recited in claims 1 and 16, and "within the
range of approximately 3 mm through 4.5 mm," as recited in claim 10. Two sides
of the insert fully engage the tool-supporting surfaces of the shank and the other
two sides "form[] a cutting tip for cutting a workpiece," as recited in claims 1 and
16, and "defin[e] at least one cutting edge for cutting a workpiece," as recited in
claim 10. The tool shank defines a planar outer surface, as recited in claims 8 and
14, and the outer surface of the tool insert is substantially coplanar with the outer
surface of the tool shank, as recited in claims 9 and 15.
The only possible differences between the subject matter of claims 1, 3-10,
16, and 19, and Kyocera are the limitation "a substantial portion of the other two
sides of the insert extending beyond the end of the shank," in claims 1 and 16, and
the limitation "a substantial portion of the other two sides of the rhomboidal insert
extending beyond the respective end of the tool shank," in claim 10. The examiner
finds that the limitations are met because the bottom edge of the sides of the insert
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