Ex Parte 5779400 et al - Page 40



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

            the 5/16" (= 0.312" = 7.9 mm) square shank and insert with 0.312" (= 7.9 mm) IC                   
            diameter on page 12 of ETCO.  Tool holders do not require a "club foot" when the                  
            width of the shank is greater than the diameter of the inscribed circle, as evidenced             
            by the SMV-50 Large Series tool holders.  Thus, we find that one skilled in the art               
            would have recognized that 35° tool holders 0.375" (= 9.5 mm) square and larger                   
            (i.e., having a width greater than the 0.312" = 7.9 mm IC diameter) would have                    
            uniformly square cross section shanks and recesses with tool-supporting surfaces                  
            that support the insert on two sides, as shown in the ETCO SMV-50 Large Series                    
            tool holders and the Max Bar 35° tool holder.  The drawings of the inserts in                     
            ETCO indicate a countersunk fastener, but ETCO does not disclose the dimensions                   
            of the fastener or the fastener aperture.                                                         
                   Nikcole discloses a "vertical" tool holder and insert.  The tool insert in the             
            shape of a rhomboid (a parallelogram with unequal adjacent sides, by comparison                   
            to the insert in Fig. 4 of the '400 patent which is a rhombus).  The insert fits into a           
            recess in a tool shank having two tool-supporting surfaces, one edge of which is                  
            parallel to the side of the shank.  Different tool inserts can be used for grooving or            
            threading, and two sides of the insert extend beyond the end of the shank to form a               


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