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When you use the Microsoft Office Word 2007 object model to save a .doc file in the .docx format, you cannot set the Maintain compatibility with Word 97-2003 option.
Microsoft has tested and verified this issue no longer happens in Office 2007 RTM and Office 2010.
The Maintain compatibility with Word 97-2003 option is not part of the Word 2007 object model. When you create a macro or a program, you cannot enable or disable this option. When you run the macro or the program, this option is set to the setting that the user of this profile last used. Therefore, the program or the macro can have different results on different computers or during different sessions on the same computer.