Appeal 2007-2127
Reexamination Control No. 90/006,621
processed by the program may be a natural language such as English, or the
numbers and strings of a spreadsheet or database, and that lexical analysis
may be used to determine correct spelling and syntactic analysis may be
used to determine correct grammar of a natural language code. This omitted
subject matter cannot be added back into the '604 patent to provide written
description support without showing that it is inherently present in the 1994
application, as filed. By omitting this subject matter in the '604 patent,
Patent Owner clearly indicated his intention that it was not his invention.
Nevertheless, Patent Owner relies on the omitted subject matter. For
example, Patent Owner argues that "[i]t was inherent to one of ordinary skill,
as of 1994, reading the original 1994 application (or as of 1982, reading the
original Detailed Description of the 1982 application): that the disclosed
conventional lexical and syntactic analyses were analogous to those used in
efforts to analyze or describe natural languages (e.g., English)" (Br. 91).
However, the 1982 disclosure comparing the analyses to forming English
words and parsing English sentences is not in the original 1994 application
or the issued '604 patent. As another example, Patent Owner argues that
"[a]s also added by amendment to the '604 specification, and as disclosed in
Patent Owner's 1982 application, 1985 application, 1990 application and
issued '603 patent: 'These [lexical and syntactic] analyses are very much like
parsing the words of an English sentence'" (emphasis omitted) (Br. 92).
Again, this quoted statement was omitted from the original 1994 application
and '604 patent and cannot be reintroduced without adding new matter.
Patent Owner argues that the techniques for analyzing formal
computer programming languages are related to those for analyzing natural
languages. It is argued that techniques originally created by linguists such as
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