Appeal 2007-2127
Reexamination Control No. 90/006,621
language; that is, a compiler of a programming language. However, it
will be understood that substantially the same structure, operation, and
lexical and syntactic analyses may be employed to process the code of
a natural language, such as, for example, by utilizing lexical analysis
to determine correct spelling and/or syntactic analysis to determine
correct grammar of the natural language code being entered by an
editor or word processor, or to process the code of a spreadsheet or
database. The term "data" in the phrase "data code" is used to
distinguish the language code or other code being processed from the
instruction code which is executed by the central processing unit to
perform the processing.
Similar inconveniences arise in the entry and editing of both
formal and natural language code when using editors or word
processors of the prior art. If the operator desires to check the spelling
or grammar of the language code being typed or edited the operator
must interrupt the entry or editing operation and invoke a lexical
analyzer to check the spelling or a syntactic analyzer to check the
grammar. The inconvenience is such that the checking is usually not
done until after the job is finished, so that the same errors of spelling
and grammar are repeated throughout the document being entered.
10. Patent Owner filed claims in this reexamination proceeding directed
to the data being a natural language, such as English, and spelling checking
and grammar checking the natural language. See, e.g., claim 39 and 40.
Analysis
The limitations about natural language and lexical and syntactic
analysis of natural language in the 1990 application (Facts 1 and 3-5) were
omitted in the 1994 application and the issued '604 patent. Assuming that
there is no inherent support for the limitations in the 1994 application, and
that adding these limitations to the '604 patent would constitute new matter
as discussed in the next issue, the lapse in disclosure cannot be cured by
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