Appeal 2007-2127
Reexamination Control No. 90/006,621
third piece of "controlling software" to control the input data (id.). It is
stated that "[e]ven though it is well known in the art that an input device
(keyboard) has software to input data, . . . in the disclosure of '604' patent,
there is no controlling software to . . . 'process previously input data' (like a
word processor . . .)" (id.). The Examiner apparently reasons that the later
added limitation of a first thread "to process previously input data"
"is implying that the previously input data is being manipulated by a
'controlling software' which did not exist before" (emphasis omitted) (id.).
Patent Owner argues that the Examiner apparently confuses the
"controlling software to input data," which enters data into the system, with
the "first thread to process previously input data," which is the compiler in
the illustrative embodiment (Br. 82). It is argued that "the 'controlling
software' to which the amended claim 14 refers is the keyboard input routine
of the computer" (Br. 82). It is argued that the 1994 application discloses a
keyboard for inputting data, and, by the Examiner's admission that it was
known that a keyboard has software to input data, the limitation is inherently
disclosed (Br. 82-83).
The claim language does not recite that the controlling software is
manipulating "previously input data," as interpreted by the Examiner.
Claim 14 recites that the "first thread" and "another thread" "process
previously input data," which is input by the controlling software. Although
the Examiner states that "it is well known in the art that an input device
(keyboard) has software to input data," we find no software disclosed as part
of the keyboard itself in the '604 patent. The '604 patent describes
transferring data from the keyboard using a UART (universal asynchronous
receiver-transmitter). Nevertheless, Figure 5 shows an "input character"
125
Page: Previous 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 Next
Last modified: September 9, 2013