Appeal 2007-2127
Reexamination Control No. 90/006,621
31. In 1994, Microsoft Word Version 6.0 provided a grammar checker
manually invoked by the user by choosing "Grammar" from the Tools menu.
"The grammar checker also checks spelling as it checks grammar." Julie
Bick et al., Microsoft Word 6.0 Resource Kit for Windows (Microsoft Press
1994), pages 166 and 391-392 (Exhibit 28).
32. In 1995, Microsoft Word for Windows 95 implemented "automatic
spell checking," which was turned on and off from the Tools Options menu.
"Now, with a single mouse click, you can have Word's spell checker running
in the background while you work, scrutinizing everything you type—while
you're typing it." Stephen L. Nelson, Field Guide to Microsoft Word for
Windows 95 (Microsoft Press 1995), pages 20, 69, and 116-117 (Exhibit 29);
Microsoft Word for Windows 96 Step by Step (Microsoft Press 1995),
pages 6-7, 39-42, and 100-103 (Exhibit 30).
33. In 1997, "Word's newest Grammar Checker offers a new feature that
can really improve your writing—grammar checking as you type. Just as
you see a wavy red line under misspelled words, you will see a wavy green
line under words or phrases that contain grammatical errors." Bill Bruck,
The Essential Office 97 Book (Prima Publishing 1997), pages 133-134
(Exhibit 31).
Analysis
1. Objective evidence is not entitled to any weight
Patent Owner argues that the objective evidence establishes long-felt
need, industry praise, failure of others (Microsoft) to implement spelling and
grammar checking "as you type," and commercial success (Br. 71-75). It is
argued that "[a]fter Patent Owner's 1982 filing date of his parent application,
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