Ex Parte 5779400 et al - Page 35



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

            inserts in Kyocera and Kennametal are capable of being fitted to a tool shank to                  
            produce the claimed relationship.                                                                 
                   Patent owner argues that if the Kyocera tool shank were modified to allow                  
            two sides of the cutting insert to extend substantially beyond the end of the tool                
            shank, the resulting device would not be properly supported to profile a rotating                 
            workpiece (Br12).  While a profiling insert used on a vertical tool shank would not               
            be optimally supported for machining, this does not mean it will not work.  A                     
            profiling insert could be used on a vertical tool shank.                                          
                   Patent owner has not shown any error in the rejection.  Accordingly, the                   
            rejection of claims 17 and 18 is sustained.                                                       

                       NEW GROUND OF REJECTION UNDER 37 CFR § 41.50(b)                                        
            References                                                                                        
                   The following reference of record are applied in a new ground of rejection:                
                   "Tool Holders and Inserts for CNC 'Swiss-Type' Automatics" catalog,                        
                   Max Bar (1992) (of record in '400 patent).                                                 
                   "Mini-Shank Tooling Indexable Inserts" catalog, Engineered Tooling Corp.                   
                   (ETCO) (1990) (of record in '400 patent).                                                  


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