Appeal No. 2006-2084
Reexamination Control No. 90/006,360
Between ETCO and the independent claims
One difference between the subject matter of claims 1 and 2 and ETCO is
the claimed "maximum width of less than approximately 9 mm." ETCO has a
width of 0.375" = 9.525 mm. If the tool shank in ETCO had a width of about
9 mm, the limitations of an elongated body portion thickness of at least 1 mm and
an inscribed circle diameter of less than 90% of 9 mm would all be met. ETCO
does not disclose the fastener or the fastener aperture and, thus, the other
differences are that ETCO does not disclose a "fastener aperture . . . having a
diameter less than approximately 70% of the diameter of the inscribed circle" and
"the threaded fastener defining a head having a maximum diameter less than
approximately 70% of the diameter of the inscribed circle."
The differences between claims 10 and 11 and ETCO are that ETCO does
not disclose: (1) a shank "having a maximum width within the range of
approximately 7 mm through 8 mm"--ETCO 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"--ETCO 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--
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