Appeal 2007-2127
Reexamination Control No. 90/006,621
it thereafter required the enormous programming skills and resources of
Microsoft Corp. thirteen (13) years to implement concurrent ('as you type')
spelling checking in 1995; and fifteen (15) years to implement concurrent
('as you type') grammar checking in 1997" (Br. 75).
None of Patent Owner's 1982, 1985, 1990, or 1994 applications
provide any details of how to perform lexical or syntactic analysis of a
natural language, such as spelling and grammar checking. (As noted in the
written description rejection, infra, the '604 patent does not even mention the
concept of lexical or syntactic analysis of a natural language.) We do not
see how spelling and grammar checking as you type is enabled unless it is
considered wholly within knowledge of one of ordinary skill in the art, in
which case it is difficult to see how Patent Owner can argue that he solved
the problem of concurrent spelling and grammar checking. See In re Reiffin,
199 Fed. Appx. at 966-67 (affirming enablement rejection for "concurrent
lexical analysis, i.e., spell checking or grammar checking as one types").
Patent Owner is trying to cover word processing inventions that he did not
himself invent. There is no enablement rejection before us, but the
Examiner did reject the analysis claims based on lack of written description.
If Patent Owner's contention is that somehow the bare invention of
"multithreading" is the solution that allowed Microsoft to produce spelling
and grammar checking as you type, then Patent Owner fails to explain why,
since Microsoft knew about true multithreading in 1988 when it designed
OS/2, it took seven years to provide the features in Word. The motivation
and capability for spelling checking as you type clearly existed in the art
before Patent Owner mentioned it in the 1990 application. See Nguyen,
Advanced Programmer's Guide to OS/2, page 9 (In 1989: "All of us are
108
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