Appeal No. 2006-2084
Reexamination Control No. 90/006,360
claims 1, 2, and 16-18. Nikcole's 7 mm inscribed circle diameter does not fall
within the "range of approximately 5.5 mm through 6.5 mm," as recited in claims
4, 10, 11, and 19. However, one of ordinary skill in the art would have been
motivated to make a narrower insert with a 0.250" inscribed circle diameter given
the express teachings of Kyocera. One of ordinary skill in the art had sufficient
knowledge to appreciate that a smaller inscribed circle diameter would provide a
thicker and stronger lip on the tool shank. The '400 patent does not give any
reason why 6.5 mm, in particular, is critical.
Nikcole uses a 3 mm countersunk head screw, but does not disclose the
details of the screw. One of ordinary skill in the art would have been motivated to
use a known 3 mm screw in Nikcole, such as the 3 mm 60° countersunk head
screw with a 0.17" (= 4.32 mm) diameter head shown in the Kyocera table. The
maximum fastener aperture would be approximately equal to the head diameter so
that the head fully bears against the countersink. Thus, the 3 mm screw taught by
Kyocera would satisfy the limitation 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
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