Appeal No. 2006-2084
Reexamination Control No. 90/006,360
Kennametal discloses a profiling tool insert, such as VBMT-221LF, having
an inscribed circle with a 0.250" diameter, equilateral sides oriented at an angle of
35° to each other, and a hole diameter of 0.110" (= 2.794 mm) ("Bates" numbered
page E166). Based on our interpretation that claims 17 and 18 are directed only to
an insert which is intended for use with a tool shank, and that a vertical insert is not
expressly claimed, there are no differences between the insert in claims 17 and 18
and the insert in Kennametal. Nevertheless, we agree with the examiner's
conclusion that one of ordinary skill in the machine tool art would have been
motivated to modify the 55° angle in Kyocera to be 35° given the express
teachings of Kennametal that 35° inserts were well known in the art. In addition,
the '400 patent expressly states that "[i]n the embodiment of the present invention
illustrated, the angle B is approximately 35°; however, as will be recognized by
those skilled in the pertinent art, this angle may be changed as desired depending
upon the requirements of a particular cutting tool design or other machining
system" (col. 4, lines 28-33), which indicates that the angle is an obvious matter of
design choice to one skilled in the art. The examiner's rationale, "in order to
facilitate easier accessing and deeper tool feeding into the workpiece having a
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