Appeal No. 2006-2084
Reexamination Control No. 90/006,360
diameter insert as taught in the profiling tool in Kyocera. The motivation is found
in the express teachings of the references. The person of ordinary skill in the art
was familiar with the mounting of inserts for profiling and vertical tools and
therefore the teachings of Kyocera are directly applicable to vertical tools; the
mounting of vertical and profiling tools are so similar and simple that this finding
cannot be reasonable challenged. In addition, one of ordinary skill in the art had
sufficient knowledge and skill to apply the insert mounting technique for large
shank tools (10 mm and greater) to small shank tools by simply reducing both the
width of the shank and the IC diameter; this knowledge is expressly taught in
Kyocera which discloses a 12 mm width large shank with a 3/8" IC diameter insert
and an 8 mm width small shank with a 1/4" IC diameter. One of ordinary skill in
the art would have been motivated to use the same fasteners as taught in Nikcole or
Kyocera because this involves mere copying.
For simplicity, we rely on the modification of Max Bar or ETCO in view of
Kyocera because Kyocera's 0.250" (= 6.35 mm) IC diameter is within the "range of
approximately 5.5 mm through 6.5 mm" of claims 4, 10, 11, and 19, and because
its mounting screw is fully described. The 7 mm IC diameter of Nikcole is slightly
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