Ex Parte 5779400 et al - Page 65



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

                   Kyocera teaches a 2.5 mm diameter 60° countersunk screw for mounting a                     
            profiling insert with a 0.250" IC diameter.  The screw head has a maximum width                   
            of 0.14" (= 3.56 mm), which is 56% of the IC diameter.  The maximum fastener                      
            aperture would be approximately equal to the head diameter so that the head fully                 
            bears against the countersink.  Although Kyocera is a profiling tool, one of                      
            ordinary skill in the machine tool art had sufficient skill to apply teachings of                 
            profiling tools to vertical tools and vice versa, especially since the mounting of                
            profiling inserts, as in Kyocera, and vertical inserts, as in Max Bar and ETCO, are               
            so similar.  It is noted that the preferred embodiment of the '400 patent uses a                  
            2.5 mm screw (col. 5, lines 39-42).  The fastener aperture and fastener in Kyocera                
            meet the limitations of a fastener aperture having a "diameter less than                          
            approximately 70% of the diameter of the inscribed circle," as recited in claims 1,               
            2, and 16-18; a threaded fastener head "having a maximum diameter less than                       
            approximately 70% of the diameter of the inscribed circle," as recited in claims 1                
            and 2; and a fastener aperture with a "maximum diameter within the range of                       
            approximately 3 mm through 4.5 mm," and a countersunk head "having a                              
            maximum diameter within the range of approximately 3 mm through 4.5 mm," as                       


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