Appeal 2007-2127
Reexamination Control No. 90/006,621
Prof. Noam Chomsky for analyzing natural language were later used by
compiler designers for analyzing the lexical and syntactic elements of
computer programming languages, which language contained ordinary
English language words (Br. 91; Br. 93), that the operation of the disclosed
program compiler is "analogous . . . to the earlier studies of lexical and
syntactic analysis of natural languages" (Br. 93), and that origin and history
of lexical and syntactic analysis of computer programs were intertwined
with that of natural languages (Br. 94). It is argued that "[b]y 1982, persons
skilled in the art would have known that the lexical and syntactic analyzers
of the illustrative embodiment would be applicable to both natural and
computer programming languages" (Br. 100). Patent Owner refers to
Dr. Ligler's declaration dated April 12, 2004, at ¶¶ 29-32 for his opinion that
"[t]he teachings of the Detailed Description section of the specification of
the '604 patent would inherently be seen as applicable, to a person of
ordinary skill in the art of the Reiffin '603 and '604 patents in 1982, to the
computer-assisted spelling and grammar checking of a document written in
the English language" (Opinion G, April 2004, declaration, page 14).
The '604 patent does not disclose or reasonably suggest that Patent
Owner possessed the invention of lexical and syntactic analysis of natural
languages. "One shows that one is 'in possession' of the invention by
describing the invention, with all its claimed limitations, not that which
makes it obvious." Lockwood v. American Airlines Inc., 107 F.3d at 1572,
41 USPQ2d at 1966. Patent Owner's and Dr. Ligler's description of the
relationship between analyses of computer programming languages and
natural languages is no substitute for an express description in the '604
patent. If extrinsic evidence of what was known to those skilled in the art
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