Appeal 2007-2127
Reexamination Control No. 90/006,621
We agree with Patent Owner. Although the '604 patent does not
describe, in haec verba, an editor which allows insertion of characters at
operator-selected locations, one of ordinary skill in the art would find that
the '604 patent discloses an editor for performing conventional editing
operations, including insertion of characters. The '604 patent discloses "a
keyboard for entry of the source code to be compiled and also for entry of
editing commands to change the code" (col. 2, lines 64-66) and refers to
"implementation of a screen editor" (col. 2, line 67), which reasonably
teaches a screen editor for performing conventional editing functions. The
'604 patent describes that "an editing procedure, such as cursor movement,
screen scroll, character deletion, or line deletion is performed" (col. 5,
lines 16-18). These operations are only exemplary, as indicated by the
phrase "such as." It is indicated at column 8, lines 20-23, that the user can
select the location of the code to be edited using the keyboard (manually-
operable input device) to point to a location on the display, where this
location corresponds to a location in the source buffer. It is clear that the
editor is not the invention. The '604 patent describes additional functions of
the editor necessary to implement the incremental compiler function, such as
inserting a pause mark to indicate the progress of the compiler. Thus, we
find written description for the limitations in groups 2, 12, 30, 36, and 37.
It is also noted that the input characters have to be inserted "in
different respective locations in memory" or they will be lost, unless it is
desired to overwrite a character, and different locations in memory
correspond to different locations on the screen. Thus, for this additional
reason, there is support for claims 37, 44, and 57, which do not require
inserting characters into an operator selected location.
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