Appeal 2007-2127
Reexamination Control No. 90/006,621
Patent Owner argues that the rejections are groundless, given the fact
that issued, unamended claims have essentially the same limitation, e.g.,
claim 10 (Br. 107). Patent Owner argues that the Examiner misunderstands
the grammar of the claim element to require that the clock interrupt the
thread, when, as disclosed, the clock means activates the interrupt input, and
the interrupt input interrupts the thread (Br. 107-08). Patent Owner argues
that the claim language does not require the editor to be interrupted, and "an
operating mode in which the clock generated interrupt only interrupts the
compiler, thus invoking the interrupt service routine, which, if appropriate,
invokes the editor, which then returns to the compiler when it finishes its
task . . . is in accord with the requirement of this claim element" (Br. 108).
We agree with Patent Owner that claims 69 and 80 do not require that
both the threads are interrupted and, thus, do not require that the editor is
interrupted (but do not preclude both threads from being interrupted). Claim
69 recites "interrupt the execution of one of said threads upon each
activation of said interrupt input," which could be the compiler. Claim 80
recites that "at least one of said threads" is interrupted, which could be just
the compiler, although this assumes that the other thread is never executing
at the interrupt. Whether interrupting only one thread can be considered
"multithreading" as defined in the art is another question. These reasons for
the rejections of claims 69 and 80 are reversed.
However, claim 75 recites "said clock timer, interrupt operation and
interrupt service routine coacting to switch control of the central processor
from one thread to another repeatedly," which implies that at least two
threads are interrupted. The '604 patent does not disclose interrupting two
threads. Therefore, the rejection of claim 75 is affirmed.
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