Ex Parte 5694604 et al - Page 131


                Appeal 2007-2127                                                                                  
                Reexamination Control No. 90/006,621                                                              
                portion of the source code that the compiler is to process, i.e., everything up                   
                to the pause mark, and is not relevant to the editor.  These reasons for the                      
                rejections of claims 38, 46, 50, 59, 60, 70, and 72 are reversed.                                 

                              4. Group 4                                                                          
                       As to group 4 (claim 39), the Examiner finds that the limitations of "a                    
                keyboard for entering into the system data code in the form of words of a                         
                language" and "another of said threads comprising instructions executable to                      
                edit said words and sentences in response to keystrokes" are without written                      
                description support because "[t]here is no disclosure directed to editing                         
                'words of a language' or 'words and sentences'" (Final Rejection 26-27                            
                ¶ II.3(D)).  The Examiner finds that the disclosed editor of the '604 patent is                   
                a "compiler line editor" for entering a program language and not a "word                          
                processor" that can act on any language, such as English, and the claims go                       
                beyond the scope of the disclosure (Final Rejection 27).                                          
                       Patent Owner argues that the particular phrase, "entering into the                         
                system data code in the form of words of a language," only refers to the                          
                capability of keyboard entry (Br. 89).  Patent Owner argues that the editor is                    
                a full screen editor and the Examiner is confusing the operation of the                           
                compiler with the editor (Br. 90-91).                                                             
                       The question of support for the limitations "words" and "sentences" is                     
                discussed in the next section.                                                                    
                       We agree with Patent Owner.  The limitations at issue are keyboard                         
                entry of data and the ability to edit such data.  The keyboard in the '604                        
                patent can enter alphanumeric and control data in any "form," i.e., whatever                      
                meaning is attached to the characters, including in the form of words and                         

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