Appeal 2007-2127
Reexamination Control No. 90/006,621
to the Microsoft Press Computer Dictionary (Microsoft Press 1991), for
definitions of "concurrent" and "concurrent execution." 1
7. Patent Owner filed a Fourth Affidavit of Applicant (Paper No. 8, filed
December 21, 1992) in the 1990 application, referring to Exhibits B to G,
which are excerpts from the following books, for discussions of "threads,"
"multithreading," "preemptive," and "concurrent":
Exhibit B: Helen Custer, Inside Windows NT (Microsoft Press 1993),
pages 90-97;
Exhibit C: Ray Duncan, Advanced OS/2 Programming (Microsoft
Press 1989), pages 7, 8, 227-231;
Exhibit D: Ed Iacobucci, OS/2 Programmer's Guide (Osborne
McGraw-Hill 1988), pages 188, 189, 602-606;
Exhibit E: Robert Lafore and Peter Norton, Peter Norton's Inside
OS/2 (Brady Books 1988), pages 8, 23, 102-105, 134, 135;
Exhibit F: Nguyen, Advanced Programmer's Guide to OS/2,
pages 4-6, 11, 12;
Exhibit G: Young, Programmer's Guide to OS/2, pages 178-180.
8. In Amendment E (Paper No. 9, filed December 21, 1992) (not
entered) to the 1990 application, Patent Owner stated that the "claims are
each directed to a system characterized by one or more of the following
well-defined terms of art: (1) 'multithreaded'; (2) 'concurrent';
(3) 'preemptive'; and (4) 'asynchronous'" (emphasis omitted) (page 18) and
1 Because many of the titles refer to OS/2 and have similar sounding
names, we cite both the author and the title when referring to books.
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