Ex Parte 5779400 et al - Page 42



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

            Cir. 1995) (the Board did not err in adopting the approach that the level of skill in             
            the art was best determined by the references of record); Okajima v. Bourdeau,                    
            261 F.3d 1350, 1355, 59 USPQ2d 1795, 1797 (Fed. Cir. 2001) ("[T]he absence of                     
            specific findings on the level of skill in the art does not give rise to reversible error         
            'where the prior art itself reflects an appropriate level and a need for testimony is             
            not shown.'").  In addition, the level of ordinary skill is evidenced by statements in            
            the '400 patent.  For example, the '400 patent discloses that those of ordinary skill             
            in the art knew there was a need for small-shank tools (col. 3, lines 40-44):                     
            "'[S]mall-shank' screw machines . . . can only accommodate shanks having widths                   
            of less than 9 mm.  Currently, the industry standard shank widths for such                        
            'small-shank' machines are 7 mm and 8 mm."  The '400 patent also states:  "In the                 
            embodiment of the present invention illustrated, the angle B is approximately 35°;                
            however, as will be recognized by those skilled in the pertinent art, this angle may              
            be changed as desired depending upon the requirements of a particular cutting tool                
            design or other machining system."  ('400 patent, col. 4, lines 28-33.)  Those                    
            skilled in the small-shank machine tool art were also familiar with the prior art in              



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