Appeal No. 2006-2084
Reexamination Control No. 90/006,360
that the tool inserts had an inscribed circle diameter of 5/16" = 0.312" =
7.9375 mm (like the 35° ETCO vertical inserts described infra). The tool inserts
accept a countersunk head screw as illustrated by the cross-sectional views. We
presume that the 3.20-095 screw is a 60° countersunk head screw having a thread
diameter of 3.2 mm (= 1/8") and having a head diameter less than 70% of 9 mm
(i.e., less than 6.3 mm).
ETCO discloses both "vertical" and "profiling" tools, which indicates that
persons of ordinary skill in the machine tool art were familiar with the design
features of both types of tools. ETCO discloses an SMV-50 Series "vertical" 50°
tool holder with a "club foot" for tool holders with shanks from 5/16" (= 7.9 mm)
square to 1" (= 25.4 mm) square (page 5), and an SMV-50 Large Series "vertical"
50° tool holder for shanks from 1" (= 25.4 mm) square to 1" (= 38.1 mm) square
(page 7). The inscribed circle (IC) diameter is 0.500" for all tool holders.
ETCO also discloses SMV-35 Series 35° "vertical" tool holders (page 12), which
use 35° "vertical" inserts with an inscribed circle diameter of 0.312" (= 5/16"
= 7.9 mm) (pages 12 and 13). When the '400 patent refers to a prior art 8 mm
cutting tool and 8 mm IC diameter (col. 2, lines 1-16), it is apparently referring to
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