Appeal 2007-2127
Reexamination Control No. 90/006,621
" instructions executable to . . . check the spelling of said word upon a
determination that the last character of the word has been
inserted" (claim 73);
" syntactic analyzer for checking the grammar of said sentences"
(claim 74);
"instructions to check the spelling of said word upon a determination
that the last character of the word has been inserted" (claim 76);
" data comprises sentences of a language, and one of said threads
comprises a syntactic analyzer for checking the grammar of
said sentences" (claim 77);
"instructions executable . . . to analyze said words for correctness in
accordance with predetermined rules" (claim 79) (which we
interpret to include spelling checking).
The '604 patent only discloses a compiler/editor for entering and
performing lexical and syntactic analyses on a programming language.
Although the '604 patent states that this illustrates "one of the many uses of
the novel multithreading mode of operation" (col. 1, lines 54-55), no other
examples are given. Now Patent Owner seeks to change a compiler/editor
into a word processor with spelling and grammar checking "as you type."
No one reading the '604 patent would find this to be the disclosed invention.
The '604 patent omits the statements in the 1982 and 1985
applications, and '603 patent that "[l]exical analysis is performed by a
'scanner' and is the process of forming a sequence of source code bytes into
meaningful symbols or tokens, somewhat like forming a sequence of
characters into English words" ('603 patent, col. 3, lines 1-5) and that
"[t]hese [lexical and syntactic] analyses are very much like parsing the
words of an English sentence" ('603 patent, col. 3, lines 13-14). The '604
patent also omits the disclosure added to the 1990 application that the code
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