Appeal 2006-3018
Application 10/657,397
an elongated body having an axial forward end and an axial rearward
end;
the elongated body having a solid enlarged diameter portion adjacent
to the axial forward end thereof and a split portion beginning at and
extending in an axial forward direction from the rearward end wherein the
split portion contains a slot so that the split portion is flexible in a radial
direction, and a solid intermediate portion being between and contiguous
with the enlarged diameter portion and the split portion;
the split portion having an external surface that is uniform over the
entire length thereof, and the intermediate portion having an external surface
that is uniform wherein the diameter of the external surface of the split
portion is equal to the diameter of the surface of the intermediate portion;
and
when the wear sleeve is in the central bore, the external surface of the
split portion is biased in a radial outward direction against the central bore of
the bit holder so as to retain the wear sleeve in the central bore of the bit
holder.
The reference relied on by the Examiner is:
Peterson US 5,683,143 Nov. 4, 1997
The Examiner has rejected appealed claims 22 through 25 under
35 U.S.C. § 102(b) as being anticipated by Peterson (Answer 3-4).
We reverse.
We refer to the Answer and to the Brief and Reply Brief for a
complete exposition of the positions advanced by the Examiner and
Appellant.
OPINION
We agree with Appellant’s position set forth in the Brief and Reply
Brief, and add the following thereto for emphasis.
The issues in this appeal involve the “split portion” of the claimed
wear sleeve encompassed by claim 1. The “split portion” portion has the
2
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Last modified: November 3, 2007