Ex Parte 5694604 et al - Page 9


                Appeal 2007-2127                                                                                  
                Reexamination Control No. 90/006,621                                                              
                                              THE INVENTION                                                       
                       The claims are directed to a clock-driven "preemptive multithreading"                      
                method (claims 1-9, 37, 63-68) and "preemptive multithreading" computer                           
                system (claims 10-36, 38-62, and 69-83).                                                          
                       The 1982, 1985, 1990, and 1994 applications all share the same                             
                "Detailed Description" portion of the specification.  The 1982 application                        
                described that a problem with programming in a compiled high-level                                
                programming language is that "a compiled language requires a repeated                             
                sequence of steps comprising loading the editor, writing or editing the                           
                source code, loading the compiler, executing the compiler, loading the                            
                linker, executing the linker, running the program, and repeating the sequence                     
                when an error is indicated during compilation of the source code or                               
                execution of the object code" (1982 application, page 2).  The 1982                               
                application describes a computer system in which a high-level language                            
                "source code" program is "compiled" by a compiler into an "object code"                           
                program on a line-by-line basis as each line of the program is entered at the                     
                console by the programmer, i.e., an "incremental compiler."                                       
                       The 1982 application is accurately described in Reiffin v. Microsoft,                      
                214 F.3d at 1344, 54 USPQ2d at 1916:                                                              
                              In 1982 Mr. Reiffin filed a patent application entitled                             
                       "Computer System with Real-time Compilation."  The application                             
                       discloses a system in which a combination of software and hardware                         
                       compiles a computer program concurrently with the program's entry                          
                       into an editor, achieving what is described as "contemporaneous                            
                       real-time entry and compilation of a source program."  A source                            
                       program is a computer program written in a high level human                                
                       readable language which the application refers to as source code; the                      
                       end product of the compilation of the source program is a binary                           

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