Appeal 2007-2127
Reexamination Control No. 90/006,621
RELATED DECISION
A related decision is In re Reiffin, 199 Fed. Appx. 965 (Fed. Cir.
2006) (nonprecedential) involving Application 07/711,957, filed
June 7, 1991 (1991 application). The 1991 application is stated to be a
continuation-in-part of the 1990 application (now the '603 patent). Reiffin
involved many of the same issues as presented in this appeal.
The Federal Circuit affirmed the Board's interpretation of "threads,"
multithreading," "concurrent execution," and "sequential versus concurrent
programs." Interpretation of these terms is an important issue in this appeal.
The Federal Circuit also affirmed the Board's new ground of rejection under
35 U.S.C. § 112, first paragraph, for lack of written description for the terms
"threads" and "multithreading." This issue is involved in the priority
determination in this case (because this is a reexamination, the issue of
written description in the '604 patent itself is not raised). The Federal
Circuit affirmed the Board's new ground of rejection under 35 U.S.C. § 112,
first paragraph, for lack of enablement as to concurrent lexical analysis, i.e.,
spelling checking or grammar checking "as you type" (because this is a
reexamination, the issue of enablement in the '604 patent is not raised).
Lastly, the Federal Circuit affirmed the anticipation rejection of three claims.
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