Appeal 2007-2127
Reexamination Control No. 90/006,621
work even though it may also be waiting for another part of the system to
complete a request" (Final Rejection 139).
Patent Owner argues that "Nitta has no concept of detecting errors in
spelling or grammar" (Br. 77) because a spelling error would be treated as a
proper noun (Br. 77).
We interpret spelling and grammar "checking" to have its ordinary
meaning of inspecting for accuracy or errors in spelling and grammar. Nitta
does not check for correctness of spelling or grammar in the English text.
The lexicon or dictionary is used to determine word stems, by dictionary
look-up (Finding 12), and is not used to determine if the words have been
spelled correctly. If a word is misspelled, "the unknown words are regarded
as the proper nouns for the sake of simplicity" (Finding 13). Similarly,
while Nitta analyzes the grammar preparatory to translating it into another
language (Finding 12), it does not determine whether there are errors in the
English grammar. Thus, Nitta does not disclose "spelling checking,"
"grammar checking," "spelling and grammar checking," and checking code
or words "for conformity" with the language. Accordingly, the rejection of
claims 39, 40, 48, 49, 52-55, 63, 65-67, 73, 74, 76, and 77 is reversed.
3. Error message
Krantz does not disclose emitting an "error message" upon detection
of an error (Finding 17). The Examiner finds that Nitta discloses that "if a
wrong part of speech is tentatively selected and the resulting string of parts
of speech happens to be equal to the pattern registered in the dictionary, a
wrong translation will be carried out" (col. 2, lines 22-26). The Examiner
concludes that "[i]t would have been obvious to a person of ordinary skill in
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