Appeal No. 2006-2084
Reexamination Control No. 90/006,360
The field of the inventor's endeavor is tools for automatic lathes, in
particular, tools having interchangeable tool inserts. Max Bar, ETCO, and Nikcole
relate to "vertical" tools and are clearly within the inventor's field of endeavor.
Kyoceras relate to "profiling" tools, which are also within the inventor's field of
endeavor. Even if the field of endeavor is defined more narrowly as "vertical"
tools, Kyocera is highly pertinent to the problems of mounting inserts to small
shank tools. There is no dispute that the references are within the scope of the art.
Content
The contents of Kyocera are described in the anticipation rejection.
Max Bar discloses 35° Series "vertical" inserts for turning, cut off, grooving,
and threading, where 35° refers to the acute angle between sides of the insert. The
complete dimensions of the Max-Bar 35° Series Inserts, the Max-Bar 35° Series
Tool Holders, and the 3.20-095 screw for the 35° tool holders are not specified in
the Max Bar catalog. Since these items were sold by the company of which the
inventor of the '400 patent was president, patent owner is in the best position to
confirm or deny the accuracy of our findings in any response to this decision. The
35° tool holders have a minimum 0.375" (= 9.525 mm) square shank. We presume
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