Appeal No. 2006-2084
Reexamination Control No. 90/006,360
approximately 7 mm through 8 mm"--Max Bar has a width of 9.5 mm; (2) the
"inscribed circle having a diameter within range of approximately 5.5 mm through
6.5 mm"--Max Bar has a diameter of 0.312" = 7.9 mm; (3) the "fastener aperture
has a maximum diameter within the range of approximately 3 mm through
4.5 mm--Max Bar does not disclose the maximum diameter for the fastener or the
aperture; and (4) a "head having a maximum diameter within the range of
approximately 3 mm through 4.5 mm"--Max Bar does not disclose the head size.
Based on our interpretation that claims 16-18 are directed to the tool insert,
and that the tool shank limitations are statements of intended use for the insert, we
find no differences between the subject matter of claims 16-18 and Max Bar since
a 35° insert with a 0.312" IC diameter is capable of being used with a tool shank
having a "maximum width of less than approximately 9 mm" and will meet the
other limitations of the claims. However, assuming that the tool shank is part of
claims 16-18, the only difference between the claims and Max Bar is the claimed
"maximum width of less than approximately 9 mm."
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