Appeal 2007-2127
Reexamination Control No. 90/006,621
computer program statements to 'sentences,' and this is in accord with the
common understanding of persons skilled in the art as of 1982" (Br. 99-100).
"Incorporation by reference provides a method for integrating material
from various documents into a host document . . . by citing such material in
a manner that makes clear that the material is effectively part of the host
document as if it were explicitly contained therein." Advanced Display Sys.,
Inc. v. Kent State Univ., 212 F.3d 1272, 1282, 54 USPQ2d 1673, 1679 (Fed.
Cir. 2000) (citations omitted). "To incorporate material by reference, the
host document must identify with detailed particularity what specific
material it incorporates and clearly indicate where that material is found in
the various documents." Id. (citations omitted). The '604 patent does not
state that the Wirth book is incorporated by reference, so it is not. Nor does
the '604 patent indicate that the Wirth book is relevant for anything other
than the PL/O compiler, which Patent Owner modified (col. 5, line 67 to
col. 6, line 3), so other descriptions in Wirth simply do not provide any
support for the subject matter Patent Owner is now claiming. Also, Patent
Owner again errs in stating that the compiler checks the spelling of the
symbols during the lexical analysis; lexical analysis merely splits a string of
characters into tokens for analysis by the compiler.
Patent Owner argues that the USPTO allowed amendments during the
prosecution of the '603 patent to recite "text processor" instead of "compiler"
and "text" code instead of "source" code, and that issued '603 patent
claim 32 is directed to a "word processing program" with a thread to "check
the spelling of . . . stored words" and a thread "responsive to [the] keyboard
to enter words into said memory" (Br. 98). It is argued that the Examiner
erred in rejection claims directed to spelling or grammar checking because
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