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. - 41 -Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 NextLast modified: November 3, 2007