Appeal 2007-2127
Reexamination Control No. 90/006,621
patent to do what is been claimed in claim 60" (Final Rejection 35-36
¶ II.3(J)). The Examiner finds that the '604 patent discloses (at col. 10,
lines 20-42) that when there is an error, the temporary entries are discarded
and the compiler pointer is moved back to the end of the previous line and
data is not processed "while said data remains stored in the buffer" (id.).
Again, the Examiner feels that Patent Owner is attempting to "morph" a
"compiler line editor" into a general "word processor" (Final Rejection 36).
As to group 29 (claims 70 and 72), the Examiner finds that the
limitation "instructions executable to modify said data while each modified
datum remains stored within said buffer" (claim 70) lacks written description
support because the '604 patent discloses that if a line contains an error, the
temporary entries are discarded, rather than remaining stored
(Final Rejection 44-45 ¶ II.3(R)). Since claim 72 does not have this
limitation, it is improperly included in the rejection.
Patent Owner argues that the editor is a full screen editor which is
capable of modifying the source code after it is entered (Br. 86). It is argued
that the descriptions of the editor changing an old pause mark to a blank
when it inserts a new pause mark, or returning the compiler pointer to the
end of the previous line if an error is found in the last line of code currently
being entered, are merely suggested methods for delimiting the portion of
the source code that the compiler is to process, and has nothing to do with
the editor or the contents of the source code buffer (Br. 87-89; Br. 91).
We agree with Patent Owner that the '604 patent discloses an editor
that can modify stored data for the reasons stated with respect to Group 2.
We agree that changing the pause mark to a blank or returning the compiler
pointer to the end of the previous line relate to the method of delimiting the
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