Appeal 2007-2127
Reexamination Control No. 90/006,621
Functions and Applications (Final Rejection 110). In the Examiner's
Answer, the Examiner further rejects the claims as anticipated by any one of
four other references discussing Operating System/2 (OS/2): (a) Duncan,
Advanced OS/2 Programming; (b) Microsoft Operating System/2
Programmer's Reference; (c) Young, Programmer's Guide to OS/2; or
(d) Letwin, Inside OS/2. (Answer 125-26 ¶ VII.1.) Since Patent Owner
only argues that Krantz is not a proper reference because the '604 patent is
entitled to the 1982 filing date, and does not contest the anticipation
rejection over Krantz, it is not necessary to decide whether these other
rejections are properly before us or to discuss references (a) to (d).
Claims 39-43, 48, 49, 51-56, 61-67, 73, 74, and 76-79 stand rejected
under 35 U.S.C. § 103(a) as being unpatentable over Krantz and Nitta.
Although the Examiner's Answer adds rejections over the other four OS/2
references noted in the anticipation rejection, the rejection only discusses
Krantz. Accordingly, the rejection is limited to Krantz and Nitta.
Claims 1, 4, 6, 7, 14, 18, 24, 26, 27, 31, 33, 39-43, 47-49, 51-56, 61,
65-73, 75, 78, 79, 81, and 83 stand rejected under 35 U.S.C. § 305 as
impermissibly enlarging the scope of the claims of the '604 patent.
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