Ex Parte 5694604 et al - Page 150


                Appeal 2007-2127                                                                                  
                Reexamination Control No. 90/006,621                                                              
                key struck at the terminal" (col. 9, lines 9-11).  That is, the editor works on a                 
                keystroke-by-keystroke basis and control returns to the compiler between                          
                keystrokes.  It appears that the Examiner believes that the editor will never                     
                give up control, but this is not true.  Thus, there is written description for the                
                limitations of claim 68.  This reason for the rejection of claim 68 is reversed.                  

                              11. Groups 28, 32, and 35                                                           
                       As to group 28 (claim 69), the Examiner finds that the limitation                          
                "clock driven means for periodically activating said interrupt input at brief                     
                predetermined time intervals so as to interrupt the execution of one of said                      
                threads upon each activation of said interrupt input" lacks written description                   
                because the interrupt input is always after the clock is interrupted and there                    
                is no teaching of activating the clock after activation of the interrupt input                    
                (Final Rejection 43-4 ¶ II.3(Q)).  The Examiner agrees with the district court                    
                in Reiffin v. Microsoft that the editor is not interruptible, and therefore finds                 
                no support for the editor being interrupted (Final Rejection 43-44).                              
                       As to group 32 (claim 75), the Examiner finds that the limitation "said                    
                clock timer, interrupt operation and interrupt service routine coacting to                        
                switch control of the central processor from one thread to another                                
                repeatedly" lacks written description for the reasons stated with respect to                      
                group 28 (Final Rejection 46 ¶ II.3(U)).                                                          
                       As to group 35 (claim 80), the Examiner finds the limitation "at least                     
                one of said threads is invoked by said periodic clock-activated interrupt                         
                service routine in response to activation of said interrupt operation" lacks                      
                written description for the reasons stated with respect to group 28 (Final                        
                Rejection 47 ¶ II.3(X)).                                                                          

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