Appeal No. 2006-2084
Reexamination Control No. 90/006,360
cutting tip. The tool shank is 8 mm square. Although the diameter of the inscribed
circle is not specifically disclosed, it must be equal to or less than the insert width
H = 7 mm (= 0.276"). The thickness of the lip or elongated body portion on the
shank is 8 mm - 7 mm = 1 mm. The insert is mounted with a countersunk screw as
indicated by the angled dashed lines in the side views of the insert and the
concentric circles in the top views of the insert. The fastener is an M3x8.0 Torx
screw (i.e., 3 mm in diameter by 8 mm long thread), which must have a
countersunk head to fit in the countersunk aperture in the insert.
Level of ordinary skill in the art
The USPTO has no way to take testimony about the level of ordinary skill in
the art. In any case, defining a person of ordinary skill in the art solely by degrees
and experience does not inform us about what the hypothetical person of ordinary
skill in the art knows. For these reasons, the level of ordinary skill in the art is
evidenced by the references. See In re Oelrich, 579 F.2d 86, 91, 198 USPQ 210,
214 (CCPA 1978) ("the PTO usually must evaluate both the scope and content of
the prior art and the level of ordinary skill solely on the cold words of the
literature"); In re GPAC Inc., 57 F.3d 1573, 1579, 35 USPQ2d 1116, 1121 (Fed.
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