Appeal 2007-2127
Reexamination Control No. 90/006,621
familiar with the frustration of waiting for our word processor to check the
spelling of a document, or for the computer to re-index a large database, or
re-calculate a spreadsheet. During these times we cannot continue to work.
In a multitasking system the user can continue to add text to his or her
document, while the spelling of each word is checked automatically as it is
entered."). The Heard patent also discloses generating an error message
when a misspelled word is detected as it is entered (e.g., col. 3, lines 26-33
and col. 6, lines 40-54). Patent Owner's so-called "multithreading," a
clock-activated interrupt system, was taught in De Jong before 1982 filing
date, so clearly more than just the knowledge of an interrupt driven system
was required for successful spelling and grammar checking as you type.
Patent Owner fails to establish a nexus between the spelling and grammar
checking in the Microsoft Word program and his disclosed invention. The
evidence is entitled to no weight in the obviousness determination.
2. Spelling and grammar checking
Krantz does not disclose "spelling checking" (Finding 14), "grammar
checking" (Finding 15), or "spelling and grammar checking" (Finding 16).
The Examiner finds that Nitta discloses spelling checking because
words are looked up in a lexicon (Final Rejection 139) and discloses
grammar checking because English grammar and English sentences are
mentioned at column 34 (Final Rejection 140). The Examiner concludes
that it would have been obvious to provide spelling and grammar checking
in a multithreaded system as taught by Krantz because it would be beneficial
to use one thread to do the editing and another thread to do spelling or
grammar checking "because it allows a process to continue doing useful
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