Appeal No. 2006-2084
Reexamination Control No. 90/006,360
ETCO does not disclose the diameter of the aperture or the fastener; and (4) a
"head having a maximum diameter within the range of approximately 3 mm
through 4.5 mm"--ETCO does not disclose the fastener diameter or head size.
Based on our interpretation that claims 16-18 are directed to the tool insert
alone, and that the tool shank limitations are statements of intended use for the
insert, the only difference between the subject matter of claims 16-18 and ETCO is
that ETCO does not disclose "a fastener aperture . . . having a diameter less than
approximately 70% of the diameter of the inscribed circle" because ETCO does not
describe the fastener or the fastener aperture, except to indicate that it is a
countersunk fastener. If the tool shank in ETCO had a width of about 9 mm, the
other limitations of an elongated body portion thickness of at least 1 mm and an
inscribed circle diameter of less than 90% of 9 mm than would be met. However,
assuming that the tool shank is part of claims 16-18, the other difference between
claims 16-18 and ETCO is the claimed "maximum width of less than
approximately 9 mm."
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