Appeal No. 2006-2084
Reexamination Control No. 90/006,360
are supported by the shank and the sides of the insert extend outwardly beyond the
end of the shank by the 7° relief angle (FR6).1 Patent owner argues that "the tools
described in Kyocera are profiling tools wherein the cutting edge does not extend
substantially beyond the end of the tool shank" (Br7). It is argued that Kyocera's
insert is entirely supported on the bottom and the 7° relief angle would cause the
sides of the tool insert to extend out at most 0.019" for an insert thickness of 5/32"
(i.e., 5/32" tan 7° = 0.019") and therefore "[t]he 7 degree relief angle does not
result in a substantial portion of the cutting insert extending beyond the end of the
tool shank" (Br8). "The infinitesimal portion of the outer face of the cutting insert
of the profiling tool referenced by the Examiner is not a 'substantial portion' of the
cutting edge as recited in claim 1 as amended." (Br9.) For an insert with an
inscribed circle of 0.250", as in Kyocera, the thickness is 3/32" for a distance of
0.0115" (= 3/32" tan 7°). An illustration of patent owner's argument is shown on
the next page.
1 The intersection of two planes oriented at an acute angle, each inclined
from the vertical by 7°, actually results in an angle at the intersection greater
than 7°.
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