Ex Parte 5779400 et al - Page 64



            Appeal No. 2006-2084                                                                              
            Reexamination Control No. 90/006,360                                                              

            outside the 5.5 mm through 6.5 mm range (although it is still less than 90% of the                
            shank width as recited in claims 1, 2, and 16-18, and '400 patent provide no reason               
            for the 6.5 mm dimension) and the screw in is not described.                                      
                   Modification of Max Bar or ETCO to provide an 8 mm width shank and a                       
            0.250" IC diameter insert as taught by Kyocera meets the shank width limitation of                
            "less than approximately 9 mm," an elongated body portion having "a thickness of                  
            at least approximately 1.0 mm," and an insert having "an inscribed circle having a                
            diameter less than approximately 90% of the shank width," as recited in claims 1,                 
            2, and 16-18.  These dimensions also satisfy the limitations of a shank having "a                 
            width of either 7 mm or 8 mm," as recited in claim 3, and "an axially-elongated                   
            body portion . . . having a thickness of at least approximately 1.0 mm" and a                     
            maximum shank width "within the range of approximately 7 mm through 8 mm,"                        
            as recited in claims 4, 5, 10, and 11.  Max Bar and ETCO both teach 35° inserts                   
            satisfying the 35° limitations of claims 2, 11, 17, and 18; the tool shank having a               
            planar outer surface, as recited in claims 8 and 14; and the outer surface of the                 
            insert being substantially coplanar with the outer surface of the tool shank, as                  
            recited in claims 9 and 15.                                                                       


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