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Actual rules in question
IANAL, but it seems to me that MS' patent application should not
be approved:

35 USC 102 - Conditions for patentability; novelty and loss of
right to patent

A person shall be entitled to a patent unless --
a) the invention was known or used by others in this country, or
patented or described in a printed publication in this or a
foreign country, before the invention thereof by the application
for patent, or
b) the invention was patented or described in a printed
publication in this or a foreign country or in public use or on
sale in this country, more than one year prior to the date of the
application for patent in the United States, or
g) 1) during the course of an interference conducted under
section 135 or section 291, another inventor involved therin
establishes, to the extent permitted in section 104, that before
such person's invention thereof the invention was made by such
other inventor and not abandoned, suppressed, or concealed, or
(2) before such person's invention thereof, the invention was
made in this country by another inventor who had not
abandoned, suppressed, or concealed it. In determining priority
of invention under this subsection, there shall be considered not
only the respective dates of conception and reduction to practice
of the invention, but also the reasonable diligence of one who
was first to conceive and last to reduce to practice, from a time
prior to conception by the other.
Posted by: tic swayback   Posted on: 08/15/05 You are currently: a Guest | Members login | Terms of Use

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I don't think either should pass....  el1jones | 08/12/05
What is innovative about it?  voska | 08/12/05
In other words...  BitTwiddler | 08/12/05
That may be true  voska | 08/12/05
It's one of those "look and feel" deals  tic swayback | 08/12/05
Just because the Ipod was ...  ShadeTree | 08/15/05
Does that matter?  tic swayback | 08/15/05
Actual rules in question  tic swayback | 08/15/05
There is a file date and an approval date.  osreinstall | 08/15/05
Yes you can.  ShadeTree | 08/16/05
Should be interesting to see....  tic swayback | 08/16/05
This is so screwed up...  BitTwiddler | 08/12/05
Your assuming that Microsoft doesn't have ...  ShadeTree | 08/15/05
Doesn't matter  voska | 08/15/05
This isn't Canada and yes you can ...  ShadeTree | 08/16/05
MS vs Apple  garyr_z | 08/12/05
It's hard to think of a better example...  native alien | 08/12/05
So how do YOU define it?  slingzenarrowzuvowtrayjissforchin | 08/12/05
Simple...  native alien | 08/12/05
WUH!  slingzenarrowzuvowtrayjissforchin | 08/12/05
Bingo!  native alien | 08/12/05
Excuse me?  rapson | 08/12/05
Just a matter of time  voska | 08/15/05
voska: M.A.D.  rapson | 08/15/05
Not wrong  voska | 08/15/05
Microsuck "Innovates" Again!  itanalyst | 08/12/05
Crapple Stole from Microsoft  ab@... | 08/12/05
As usual, he hasn't the first clue...  No_Ax_to_Grind | 08/12/05
See post below for some education  Jeff Spicoli | 08/12/05
No, you are wrong  tic swayback | 08/12/05
Thank You Tic  itanalyst | 08/12/05
That's what makes this whole thing so amazing...  BitTwiddler | 08/15/05
Yeah, that Microsoft iPod came out WAY before Apple's did...  BitTwiddler | 08/15/05
********!!!  degger007 | 08/17/05
Does it matter who wins? It's still a patent.  No_Ax_to_Grind | 08/12/05
What matters  tic swayback | 08/12/05
It sure does matter, No_Ax - you don't want to pay that price  zdnetPatrick | 08/14/05
Pay it to MS, pay it to Apple. It's all the same.  No_Ax_to_Grind | 08/15/05
I'm confused No Ax  tic swayback | 08/15/05
6 of one, 1/2 dozen of the other...  Spoon Jabber | 08/15/05
And that's a bad thing?  tic swayback | 08/15/05
Perfect example  Yagotta B. Kidding | 08/15/05
hmmmmm  gary.douglas@... | 08/15/05
First to file  Yagotta B. Kidding | 08/15/05
I believe the rules give them 1 year to patent  tic swayback | 08/15/05
The fee increases  voska | 08/15/05
Applesauce late to the pot  Boot_Agnostic | 08/12/05
Ugh. Ugh. Ugh. More proof the system is broken...  HypnoToad | 08/12/05
Dont worry Google will beat them  jimk_z | 08/12/05
Not sure about that...  ab@... | 08/13/05
Remember Apple's GUI and Windows Lawsuit?  zdnetPatrick | 08/14/05
Worse yet...  BitTwiddler | 08/15/05
Read the history of the GUI  voska | 08/15/05
In total agreement with that timeline, Voska  zdnetPatrick | 08/15/05
Theft and legal trickery - is this really a business strategy?  YuridaMan | 08/14/05
hahahahahahahahahahahahahahahahahahahahahahahahahaha  Reverend MacFellow | 08/15/05
Install OSX on any PeeCee!  Reverend MacFellow | 08/15/05
Why bother?  voska | 08/15/05
Indeed  tic swayback | 08/15/05
Stupid and careless  dzash2000 | 08/15/05
Yeah, that was a dumb move  tic swayback | 08/15/05
Atleast iPod does serve as Prior Art  nucrash | 08/15/05
5 months earlier, 5 months, hmmmmmm  Reverend MacFellow | 08/15/05
Does nobody pay attention to facts  openMind | 08/15/05
No extra money needed  tic swayback | 08/15/05
No quibbles there  openMind | 08/15/05
Why the iPod is a problem for MicroSoft  zdnetPatrick | 08/15/05
Microsoft and the American Way  Ziek | 08/17/05
Tread lightly Apple....  benf_z | 08/17/05
Thiefs...  degger007 | 08/17/05
Inept versus evil  leodavinci | 09/13/05
Patents  merlion | 12/13/05

What do you think?

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