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 - 40 -Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 NextLast modified: November 3, 2007