Appeal 2007-2127
Reexamination Control No. 90/006,621
Procedure (MPEP) § 714.01(e) ("Any amendment filed after the filing date
of the application is not part of the original disclosure of the application").
3. The amendments to the 1990 application: added "multithreading"
disclosure to the specification (now found in the '603 patent at col. 1, line 24
to col. 2, line 55); rewrote the abstract to describe the invention in terms of
"multithreading"; changed the title from "Computer System with Real-Time
Code Processing" to "Computer Memory Product with Preemptive
Multithreading Software"; and added claims to "multithreading."
4. The 1990 application was amended to recite: "Therefore the present
invention is entitled to an effective filing date of September 28, 1982" (now
found at '603 patent, col. 1, lines 13-14). Amendment O (Paper No. 66, filed
December 4, 1996).
5. Throughout the prosecution of the 1990 application, Patent Owner
stated that the terms "threads" and "multithreading" have their ordinary
meanings in the art, that he did not intend "multithreading" to have a
definition which is distinct from the ordinary generally understood meaning
to those skilled in the art, and referred to dictionaries and books as evidence
of the well-defined meanings in the art, as listed below.
6. In Amendment D (Paper No. 6, filed August 6, 1992),, Patent Owner
referred to Herbert Schildt, Born to Code in C (McGraw-Hill 1989), Thuyen
Nguyen and Robert Moskal, Advanced Programmer's Guide to OS/2 (Brady
Books 1989), J.W. Cooper, Writing Scientific Programs Under the OS/2
Presentation Manager (Wiley & Sons 1990), and Michael J. Young,
Programmer's Guide to OS/2 (Sybex 1988) for discussions of "threads," and
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