Appeal 2007-2127
Reexamination Control No. 90/006,621
Since Patent Owner does not contest the merits of the anticipation
rejection over Krantz, it is not necessary to reach the alternative rejections
over Duncan, Advanced OS/2 Programming; Microsoft Operating System/2
Programmer's Reference; Young, Programmer's Guide to OS/2; and Letwin,
Inside OS/2 stated in the Examiner's Answer 125-26.
De Jong
Issue
Does De Jong anticipate claims to "multithreading"?
Principles of law
"Anticipation requires the presence in a single prior art disclosure of
all elements of a claimed invention arranged as in the claim. A prior art
disclosure that 'almost' meets that standard may render the claim invalid
under § 103; it does not 'anticipate.'" Connell v. Sears, Roebuck & Co.,
722 F.2d 1542, 1548, 220 USPQ 193, 198 (Fed. Cir. 1983).
Facts
1. The rejection relies on the program to transmit Morse code in
De Jong, primarily at pages 265-282, although De Jong notes that certain
subroutines are described in previous chapters (page 273), and pages 174,
181 and 235-44 are also relevant.
2. De Jong states that "[a]lthough this [Morse code] program is of
particular interest to amateur radio operators, the programming techniques
that it illustrates can be applied in a large number of applications"
(page 181).
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