Appeal No. 2006-2084
Reexamination Control No. 90/006,360
the machine tool art at the time of the invention had sufficient mechanical skill to
apply the teachings of profiling tools to vertical tools and vice versa (e.g., ETCO
teaches both types of tools).
Differences
Between Max Bar and the independent claims
Based on our presumptions that the Max Bar 35° series inserts and tool
holders have a 5/16" (= 0.312" = 7.9 mm) inscribed circle diameter, and that the
3.20-095 screw has a 60° countersunk head with a diameter less than 70% of
9 mm, the only difference between the subject matter of claims 1 and 2 and
Max Bar is the claimed "maximum width of less than approximately 9 mm." The
minimum width of a Max Bar shank is 0.375" = 9.525 mm. If the tool shank in
Max Bar had a width of about 9 mm, the other limitations of an elongated body
portion thickness of at least 1 mm, an inscribed circle (IC) diameter of less than
90% of 9 mm, and a fastener aperture and a fastener head diameter less than 70%
of 9 mm would all be met.
The differences between claims 10 and 11 and Max Bar are that Max Bar
does not disclose: (1) a shank "having a maximum width within the range of
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