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Microsoft FAT Patent Rejected

dkh2 writes "It's being reported other places as well but, there's a very nice story over at Groklaw about efforts by the Public Patent Foundation (PubPat) to get Microsoft's patent on FAT restricted or revoked. Bearing in mind that Microsoft still has right of appeal, The USPTO has rejected Microsofts FAT patent." Our earlier story reported on efforts to overturn this patent.

225 comments

  1. Excellent! by AKAImBatman · · Score: 5, Interesting

    A perfect example of how the system should work. The patent office doesn't need a reform, it needs to simply do a better job of following its own rules. Organizations like PubPat are a good thing, because they add another layer of checking (i.e. public responsibility) to the patent process.

    It may surprise many to know that patent officers are often promoted on how many patents they reject, not how many they approve. Thus it is in their interest to reject any applications with even the slightest possibility of being invalid. Yet it seems that ridiculous patents make it through anyway. How does this happen?

    The answer lies in the patent lawyers who draw up the papers. What they'll do, is that they'll draw up revision after revision of the idea until the patent office is confused enough to grant it. (Or perhaps they lucked upon a new patent officer.) That's why most of these patents seem so vague. The applicants are making sure that there's no way someone who doesn't have a very thorough education in the field of the patent could understand that the idea is unpatentable. Thus the idea passes through the process and must be challenged in court or via reexamination later.

    1. Re:Excellent! by mirko · · Score: 5, Insightful

      It may surprise many to know that patent officers are often promoted on how many patents they reject, not how many they approve.

      This is indeed surprising and probably partially true ... and partially false.
      Please, quote your sources.

      --
      Trolling using another account since 2005.
    2. Re:Excellent! by Anonymous Coward · · Score: 1, Insightful

      So the public funds the patent office, and yet it still has to do its own "double-checking"?

    3. Re:Excellent! by Anonymous Coward · · Score: 0

      So, today we like Sun and the patent office?

      Are you quite sure?

      I thought that we liked Mono, and free knowledge.

    4. Re:Excellent! by pbranes · · Score: 4, Funny
      They must have a huge turnover rate of new patent officers because it seems that stupid patents make it through constantly.

      I just broke amazon's patent by single-click the submit button to this post.

    5. Re:Excellent! by AKAImBatman · · Score: 4, Informative

      Of course. I think you'll find this article most enlightening. My favorite quote is:

      SPEs want these new employees to gain experience rejecting patent applications, and there is considerable pressure on these new hires to do so.

    6. Re:Excellent! by jfabitz · · Score: 1

      good, the system isnt completely lsot

    7. Re:Excellent! by foobsr · · Score: 1

      The answer lies in the patent lawyers ...

      Pun intended ?

      CC.

      --
      TaijiQuan (Huang, 5 loosenings)
    8. Re:Excellent! by Anonymous Coward · · Score: 4, Funny

      Wait till I patent clicks 2-99, then you'll really be screwed!

    9. Re:Excellent! by theLOUDroom · · Score: 5, Insightful

      A perfect example of how the system should work. The patent office doesn't need a reform, it needs to simply do a better job of following its own rules.

      Yes it does.
      The fundamental concepts behind the patent office have become unworkable.

      With our currently level of technology, it is unreasonable to believe that there is ANY organization that can sufficiently understand every technology on the planet in order to determine whether an invention is novel.

      Back in the days when the patent office was created, it might have been a reasonable concept but today it's not. There's way too much specialized knowedge out there for it to be practical.

      The patent ofice should admit what is has already become, a mere registy of "I invented this on this date" and drop all pretenses of actually being expert enough that all patents they accept are automatically valid.

      --
      Life is too short to proofread.
    10. Re:Excellent! by Anonymous Coward · · Score: 3, Informative

      > The answer lies in the patent lawyers who draw up the papers. What they'll do, is that they'll draw up revision after revision of the idea until the patent office is confused enough to grant it.

      I can vouchsafe for this. I have written several disclosures, some of which later made it into patent applications. The applications that the lawyers came up with, based on my disclosures, rendered the original idea unrecognizable - even to me!

      The final documents were so vague and open to interpretation, that they could apply to just about anything. It's not surprising that so much crap makes it :-(

    11. Re:Excellent! by FooAtWFU · · Score: 1
      The patent office doesn't need a reform, it needs to simply do a better job of following its own rules.

      This is a government office we're talking about. Following its own rules... that sounds like a major reform to me. :)

      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    12. Re:Excellent! by lothar97 · · Score: 3, Interesting
      The answer lies in the patent lawyers who draw up the papers. What they'll do, is that they'll draw up revision after revision of the idea until the patent office is confused enough to grant it. (Or perhaps they lucked upon a new patent officer.) That's why most of these patents seem so vague.

      I have to strongly disagree here. I am a lawyer, and I work in an IP firm. I draft patent applications. There is a fine line that is walked when drafting patent applications. You have to be specific in what you're covering. If not, you can later lose the patent for not specifying what you invention actually does. That said, you do not want to be so narrow that you get limited rights. In many technological areas, you attempt to anticipate where the technology will go, and draft a patent application that can be applicable to other embodiements of your invention in the future. That said, in the patent application you also do have to provide specific examples of how your invention is used. Failure to do so means you did not fully enable your patent application, and can mean losing your patent.

      The applicants are making sure that there's no way someone who doesn't have a very thorough education in the field of the patent could understand that the idea is unpatentable. Thus the idea passes through the process and must be challenged in court or via reexamination later.

      Again, this is wrong. To be granted, a patent application has to fully enable the invention. That means someone reasonably skilled in the art has to be able to duplicate the invention. It does not have to be a common person, it has to be someone who competent in that field. Thus, you're not writing gene therapy patents so that grandma can understand them, and you're also not writing automobile suspension patents so that a computer programmer can understand them.

      That said, until the past 5 years or so, all computer related patent applications, including software, were reviewed by electrical engineers. The computer science degree was not recognized as a qualification to take the patent bar (and be able to submit or review patent applications). I think this is because places like ITT Tech give out CS degrees that are basically network tech certificates. The USPTO now recognizes accedited CS degrees, and have been hiring people with CS degrees. I predict in the future, as we have people who have been educated in CS, have written code, etc, we will see better computer-related patents in the future. I myself have a poli sci degree, but have been programming since age 6- thus I have written several patent applications that include computer code embodiments.

      --

    13. Re:Excellent! by jonbryce · · Score: 2, Insightful

      I don't agree. Firstly, the patent should never have been granted in the first place, and secondly, even if it was a real invention with no prior art, it should have been granted.

      There are plenty of software patents (maybe about 10% of those granted) that are totally valid and legal in accordance with US law. These can be every bit as damaging as the invalid patents.

      Look at public key cryptography. A truly groundbreaking invention at the time, no prior art. Not obvious and so on. The patent has expired now, and it wasn't until it expired that e-commerce started to take off in a big way.

      The harm caused by the patent - e-commerce growth and electronic communications stifled while the patent was still in force.

      The benefit? Would the inventors have still come up with the idea if they weren't able to patent it? I'm pretty sure they would.

      Would they still come up with the idea if the patent only lasted a couple of years? Almost certainly.

    14. Re:Excellent! by mavenguy · · Score: 1

      It may surprise many to know that patent officers are often promoted on how many patents they reject, not how many they approve

      Sorry, but this is not true! In fact, is quite the opposite. There is a production quota system that counts, basically, The number of first actions on the merits and the number of disposals (Allowance, abandonment by the applicant, and sending a case to the Board of Appeals after a Final Rejection). If an applicant responds to a first action rejection with an amendment, even if the case is then allowed, that's two actions to get both "counts".

      On the other hand if the application is allowed right as filed, the Examiner gets both counts right away. Going the opposite extreme, if after an amendment to a first action rejection the case is still rejected (Which is ususally a final rejection) the persistant applicant can file yet another amendment (not enterable by right after a final rejection), and if still refused, can file to the Board of Appeals, to which the eExaminer writes an Examiner's Answer on Appeal, and only then gets the second count.

      So rejections are not only favored, by the production system but are actually discourged, and an examiner can be penalized for making a bad rejection (not supported by the cited prior art, not properly explained, etc). The incentives clearly a weighted toward allowing stuff
      .

    15. Re:Excellent! by kasperd · · Score: 1

      Wait till I patent clicks 2-99, then you'll really be screwed!

      You can't do that, Microsoft already have a patent on doubleclicks

      --

      Do you care about the security of your wireless mouse?
    16. Re:Excellent! by Anonymous Coward · · Score: 0

      well If they get promotion on how many they reject then why not go for a biggie the ultimate killer

      can the patent M$ Corp has on the word windows after all windows are wht you use to fill holes in the walls of your HOUSE but let LIGHT IN after all you do not fit windows on your PC do you mind you it takes all sorts i spose ..

    17. Re:Excellent! by Anonymous Coward · · Score: 0
      The patent office doesn't need a reform, it needs to simply do a better job of following its own rules.

      I would argue, however, that PATENT SYSTEM needs a reform, or needs to abolished. Business method and software should NOT be patentable, in any way or form. You can sure try to patch things, by limiting ones patentable, but I just see no reason to grant patent on such things. In Europe they are (theoretically, at least) not patentable, and yet I don't see European companies suffering from this lack of patentability.

      I'm not even fully convinced that mechanical things or chemical compounds should be patentable (in fact, earlier in some european countries only MECHANISM FOR MANUFACTURING COMPOUNDS was patentable -- not actual chemical constructs like active ingredients of medicine)... but at least there I can see bit more justification; costs for researching new drugs are high. Coming up with yet another "...., but over the Internet" idea takes little effort.

    18. Re:Excellent! by sjames · · Score: 2, Insightful

      Again, this is wrong. To be granted, a patent application has to fully enable the invention. That means someone reasonably skilled in the art has to be able to duplicate the invention. It does not have to be a common person, it has to be someone who competent in that field. Thus, you're not writing gene therapy patents so that grandma can understand them, and you're also not writing automobile suspension patents so that a computer programmer can understand them.

      I must respectfully disagree. The way some software patents are worded, it's hard to even be sure it is talking about software (or even a computer) much less duplicate the invention. In other cases, I have seen patents that upon careful reading merely describe a common business procedure only using a computer rather than index cards in a box.

      In many cases, the only non-obvious part is the wording of the patent.

    19. Re:Excellent! by Omnifarious · · Score: 2, Interesting

      If the purpose of a patent is to convince people to publish knowledge of how their inventions work, why is it so hard for anybody but a patent lawyer to understand a patent? If it's purpose is to disseminate information, and thus encourage the progress of science and the useful arts, shouldn't the patent be written in a language that's geared towards the engineers who work in the field?

      It seems to me that the current purpose of patents is more a legal weapon to use against competitors. It's purpose is no longer seen as a way to encourage the dissemination of information, rather it's purpose is to restrict the freedom of everybody but the patent holder without the patent holder having given anything in return.

    20. Re:Excellent! by Anonymous Coward · · Score: 0

      The reason for the review by a Electrical Engineer and not someone of better qualifications goes to the PE. A Professional Enginneer can be of Civil, Electrical, or Mechanical engineer. NONE of which are qualified to judge software or even hardware related computer patents. I, as an EE, have been dealing with this ever since I graduated college and went into the IT profession rather than into an Electrical Engineering and cant study under a fellow PE because NONE exist. I think the PE should be abolished.

    21. Re:Excellent! by Anonymous Coward · · Score: 0

      Wathch out, there is a trademark on that word.

  2. IBM?? by Anonymous Coward · · Score: 5, Insightful

    Will they do the same with the thousand IBM useless patents?

  3. Is this a patent system feature ? by mirko · · Score: 1, Troll

    I cannot believe this very patent was rejected, not that I am unhappy with this but we live in a world where one-click-buyis okay to patent, unlike a rudimentary but at least more complex file-system...
    Guess the patent people run Windows.

    --
    Trolling using another account since 2005.
    1. Re:Is this a patent system feature ? by jonabbey · · Score: 5, Informative

      FAT itself was never patented. This patent was covering Microsoft's scheme for packing long filenames into the old FAT system in such a way that a short filename (microso~1.txt et al) is persistently perserved for old DOS apps.

      Microsoft felt that their innovation of a particular data structure (the same kind of elementary data structure that sophomore CS majors put together all the time) ought to be sufficient to allow them to control who gets to read and write from flash media, and etc., which adopted the format simply because that was the only thing that Windows could be relied upon to understand.

      The loss of this patent strikes no blows against the freedom to innovate, believe me.

    2. Re:Is this a patent system feature ? by BrokenHalo · · Score: 1, Insightful
      I cannot believe this very patent was rejected

      Why not?

      If I recall correctly, MS-DOS was reverse engineered from IBM's PC-DOS (which legend has it evolved from QDOS - Quick and Dirty Operating System).

      I don't know about any patents under those OSs, but there is definitely evidence of prior art.

    3. Re:Is this a patent system feature ? by Waffle+Iron · · Score: 3, Interesting
      The loss of this patent strikes no blows against the freedom to innovate, believe me.

      The FAT long filename kludge gets a lot of flack, but I always thought that is was actually one of the more innovative things that Microsoft did. It did provide some measure of forwards and backwards compatibility during the painful transition from DOS/Win3 filesystems to more modern ones.

      However, does anybody seriously think that the promise of a patent reward is what spurred Microsoft to develop this innovation? No way. They came up with it because their desperate need to maintain compatability between their OS generations. They would have done it even if there were no such thing as patents.

      Awarding them a patent on this effort now, even if it were valid, serves only to add more barriers to the software marketplace. It is not going to somehow spur them on to create more invaluable innovations in the area of kludging filesystem namespaces.

      The problem that this technology solved no longer really exists. Almost nobody is using 11-character-max filesystems today. The only reason to continue to use this technique is so that this filesystem can maintain backwards compatibility with itself, not with older filesystems as originally intended. There is no longer any intrinsic value in a patent on this technology other than to lock out competition.

    4. Re:Is this a patent system feature ? by PsychoSlashDot · · Score: 1

      in such a way that a short filename (microso~1.txt et al) is persistently perserved for old DOS apps.

      Really? I always figured the shortname was preserved so I wouldn't have to type the idiotic filenames folks save their crap as when I'm working on the command-line. That and have to back-track to insert quotations when folks use syntactically reserved characters like SPACE in their filenames.

      copy "the accounting spreadsheet that I created while high on diet pills that contains the budget for six out of seven of our shell companies from august to november of the year of the rat that I got off www.i_am_a_jerkoff.com.xls" a:\

      Give me a break. 8.3 was, and remains reasonable. While I'd advocate allowing as much as 12.3 without spaces or additional dots, I'm sure the open-source crowd with kernel 2.5.7.102 build 5 are going to disagree.

      --
      "Oh no... he found the .sig setting."
    5. Re:Is this a patent system feature ? by dgatwood · · Score: 1
      I don't think it was particularly innovative at all. Other operating systems have done similar short/long filename extensions to their filesystems on many, many occasions prior to MS. For example ISO-9660/Rock Ridge. (Development of RR began two years prior to MS's first patent related to long filenames in FAT.)

      And they didn't even do anything particularly cool. They just truncate the name and increment a number at the end until it is unique (the most obvious algorithm for creating uniqueness), then write a giant hidden file at the root of the filesystem that contains a mapping table between the long names and the short names. This is so obvious it hurts.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    6. Re:Is this a patent system feature ? by fyngyrz · · Score: 2, Insightful
      Delighted to see someone take spaces-in-filenames to task.

      <rant>
      Of all the stupid things passed off on the computing community, that was one of the most insidious and poorly thought out little "lets break everything" adventures. First we have niche filesystems, designed to not use CLI at all, use it. Flipping brilliant. Not. Then Microsoft has to have it too because they're not too brilliant either, so they break the OS to do it (and yes, it's still broken.) Now Linux, of all things, is all about spaces in filenames. This is a case of imitation being the poorest form of flattery. I wish the Linux community would stand up and say no_more_stupid_filenames and stop using spaces. No financial problem for our LInux community, so we could fix the syntactical problem. I don't hold out much hope for it, but man...

      The meat of the problem is that spaces are natural language delimiters, and syntax and parsing are important, even core, parts of CLI and almost all computing languages. To throw them into the same syntactical barrel with letters and numbers was just_plain_stupid.

      If I had a "Dumbass Of Coding" award, I'd find the mini-mind that decided to use spaces (I'm guessing it was a Mac guy, but it's just a guess) and engrave them a special plaque.

      ThereAreSeveralExcellentAlternatives to-spaces-in-filenames I_can_show_most right.here.without.brain.strain
      </rant>

      But_I_do_think_long_filenames_are_a_good.idea
      :)

      --
      I've fallen off your lawn, and I can't get up.
    7. Re:Is this a patent system feature ? by sparcnut · · Score: 1
      If I recall correctly, MS-DOS was reverse engineered from IBM's PC-DOS (which legend has it evolved from QDOS - Quick and Dirty Operating System).


      If I remember correctly, you are wrong. Didn't MS buy the rights to QDOS, modify it, and re-name it to MS-DOS? And then PC-DOS was a knockoff of MS-DOS, right?
      --
      perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10);'
    8. Re:Is this a patent system feature ? by jonabbey · · Score: 1

      Isn't this an old Unix thing? I know some of the early Unices only allowed 14 chars, but I know the old 'backslash spaces or use quotation marks to indicate filenames with spaces on the command line' thing has been around on Unix since at least the late 80's.

    9. Re:Is this a patent system feature ? by gewalker · · Score: 2, Informative

      History lesson.

      Microsoft purchased the rights to QDOS from Seattle Computer Products (SCP) for $50K. MS did not steal, nor reverse engineer anything to get MS-DOS. They licensed PC-DOS to IBM and per agreeement with IBM, MS was allowed to sell their own version of DOS as MS-DOS. IBM re-wrote lots of the code due to numerous bugs in MS-DOS, naming their version PC-DOS.

      SCP also retained the rights to license MS-DOS as well as long as it was done in conjunction with a computer purchase. You even saw magazines ads to but a copy of DOS bundled with a naked CPU chip.

      Tim Patterson of SCP has been know to say he was glad to get $50K from MS for this deal. MS did not inform SCP of their deal with IBM (would you?). Now, although one may feel MS should have been more generous, or SCP should have been wiser, this was at least a legitimate and mutually acceptable arrangement between MS and SCP. Tim later became an MS employee.

      IBM is generally considered to have screwed up on this deal as well, letting the fox inside the chicken coup.

      See history of MS-DOS or another one for this.

      Life is often stranger than imagination.

    10. Re:Is this a patent system feature ? by Waffle+Iron · · Score: 2

      Hmmm... I was under the impression that they used a chained list of bogus directory entry headers to hold space for the long filename characters. Maybe that was an earlier incarnation. I agree a translation file would be a boring way to do it.

    11. Re:Is this a patent system feature ? by TheNetAvenger · · Score: 2, Interesting

      Thisisbrilliantwhydon'twejustremovespacesfromevery thingwetypebecauseyouaretoolazytoquoteafilenameorp ressthetabkeyandletthecommandlineinterfacedoitfory ouautomatically.Whydon'twejustremovespacesfromever ythingwedo,maybethereasonwehaven'tisbecausenomatte rwhetheryouareusingcuteunderlinesorcapitalizingeac hwordinthesentence,itisstillhardertoreadandtakemor etimeforthenaturalprocessingofinformationinthebrai ntorecognizethingsquickly.Iforonejustthinkyouarela zyorreallysimplemindedtobelievethatusingnamingconv entionswithoutnaturallanguagesyntaxlikespacesisgoi ngtobeproductivetoanyone,exceptmaybefoolslikethath aven'tlearnedaneasierwaytonavigateorprocessdocumen tsorinformationthanfromacommandline.

      This_is_brilliant_why_don't_we_just_remove_space s_ from_everything_we_type_because_you_are_too_lazy_t o_quote_a_filename_or_press_the_tab_key_and_let_th e_command_line_interface_do_it_for_you_automatical ly._Why_don't_we_just_remove_spaces_from_everythin g_we_do,_maybe_the_reason_we_haven't_is_because_no _matter_whether_you_are_using_cute_underlines_or_c apitalizing_each_word_in_the_sentence,_it_is_still _harder_to_read_and_take_more_time_for_the_natural _processing_of_information_in_the_brain_to_recogni ze_things_quickly._I_for_one_just_think_you_are_la zy_or_really_simple_minded_to_believe_that_using_n aming_conventions_without_natural_language_syntax_ like_spaces_is_going_to_be_productive_to_anyone,_e xcept_maybe_fools_like_that_haven't_learned_an_eas ier_way_to_navigate_or_process_documents_or_inform ation_than_from_a_command_line.

      ThisIsBrilliantWhyDon'tWeJustRemoveSpacesFromEve ry thingWeTypeBecauseYouAreTooLazyToQuoteAFilenameOrP ressTheTabKeyAndLetTheCommandLineInterfaceDoItForY ouAutomatically.WhyDon'tWeJustRemoveSpacesFromEver ythingWeDo,MaybeTheReasonWeHaven'tIsBecauseNoMatte rWhetherYouAreUsingCuteUnderlinesOrCapitalizingEac hWordInTheSentence,ItIsStillHarderToReadAndTakeMor eTimeForTheNaturalProcessingOfInformationInTheBrai nToRecognizeThingsQuickly.IForOneJustThinkYouAreLa zyOrReallySimpleMindedToBelieveThatUsingNamingConv entionsWithoutNaturalLanguageSyntaxLikeSpacesIsGoi ngToBeProductiveToAnyone,ExceptMaybeFoolsLikeThatH aven'tLearnedAnEasierWayToNavigateOrProcessDocumen tsOrInformationThanFromACommandLine.

      This is brilliant why don't we just remove spaces from everything we type because you are too lazy to quote a filename or press the tab key and let the command line interface do it for you automatically. Why don't we just remove spaces from everything we do, maybe the reason we haven't is because no matter whether you are using cute underlines or capitalizing each word in the sentence, it is still harder to read and take more time for the natural processing of information in the brain to recognize things quickly. I for one just think you are lazy or really simple minded to believe that using naming conventions without natural language syntax like spaces is going to be productive to anyone, except maybe fools like that haven't learned an easier way to navigate or process documents or information than from a command line.

      So which one of these was the easiest for you or anyone to read? Exactly my point. Just like when a computer is storing the name of a video, a song, or anything that might have need for

    12. Re:Is this a patent system feature ? by fyngyrz · · Score: 1
      Your question - which of your examples is the easiest to read - is somewhat bizarre. What you are trying to do here is draw a perceptual equivalance between a paragraph sized text entity, which has one purpose, and a very tiny entity, the filename, which has a completely difrerent purpose. There is no such equivalance. Trying to draw this specific direct comparison is a cognitive error. A 2 is not a 3. Thanks for playing.

      The reasonable question to ask, is:

      IsThisEasy

      is_this_easy

      is-this-easy

      is this easy

      Yes... all are easy. All are more or less equally easy, perhaps with the exception of the caps version (though that has some advantages, namely, it is shorter.)

      The difference in the last is that a space is one of the most natural breaks in human language syntax and to ignore that role in the conversion to computer syntax is not sensible. Or worse. And sure enough, it causes lots and lots of problems, too. Not to mention extra work - both for the user, who has to quote such names, and for the software, which has to parse syntactically wasted characters out (quotes or equivalant delimiters.)

      My thoughts may indeed be outdated - by events - but they are not any less correct for all of that.

      Imagine a natural language parser. You type, "computer please delete file this under stupid and quit"

      Because the spaces delimit language (human and computer) this is quite difficult to parse.

      On the other hand, "computer please delete file_this_under_stupid and quit" is very easy to parse. Why? Because spaces have not been subverted from their natural language role, which is that of a syntactic break between the smallest block units of language, that is, words.

      Another thing. This: (computer please delete "file this under stupid" and quit) involves the following disadvantages: visually, the filename's entity is scoped only at the edges. For a human reader, the longer it is, the less easy it is to know if you're still in scope. The underscores (or dashes, or stuttered caps) keep you aware that you're still reading the filename in a way that delimiters at the end cannot. Small bonus, the filename in the natural language is two characters shorter when written with non-space delimiters.

      If you'd like to post a legitimate objection to my comments - by which I mean one based in what amounts to filename space, instead of paragraph space - by all means, do so. I'm interested, and I don't mind being proven wrong in the least. You just have to be able to actually do it, is all. :)

      --
      I've fallen off your lawn, and I can't get up.
    13. Re:Is this a patent system feature ? by TwoBit · · Score: 1

      People like you scare me. You want to force your bit-head thinking on the rest of the world, all because of some personal programming issues. You probably also think we should do away with GUIs and all go back to the command line, right?

    14. Re:Is this a patent system feature ? by fyngyrz · · Score: 1
      You probably also think we should do away with GUIs and all go back to the command line, right?

      Nope, you're wrong about that, too. :)

      --
      I've fallen off your lawn, and I can't get up.
    15. Re:Is this a patent system feature ? by Zorilla · · Score: 1

      To not accept filenames with spaces within the last ten years is asinine. Now that people have moved beyond system files and crypticly named text documents in WordPerfect 5.1, it's fundamental for media being in a presentable form. Filenames of music and videos need to be able to correspond to their original titles so people can tell what the hell it is before opening it. It's not even that bad at the command line. Here's an example of running a ROM with a long filename in FCE Ultra:

      zorilla@localhost~>fceu /mnt/win_c/FCEUltra/Blaster\ Master.nes

      Most long filenames with spaces are autocompleted when Tab is pressed anyway, so I don't see what the deal is. At least Apple // DOS 3.3 got it right. I always found ProDOS's restriction on spaces a pain.

      --

      It would be cool if it didn't suck.
    16. Re:Is this a patent system feature ? by maxwell+demon · · Score: 1
      In Unix, you can have everything except '/' (directory separator) and '\0' (Null byte, C string terminator) in your file names. However, about everyone understands that characters like '*' and '?' (used in shell wildcards) should not be used in filenames (because it makes them more difficult to access), also filenames starting with '-' are a bad idea (because they might be misinterpreted as options), and for a long time they also knew that file names containing spaces are a bad idea too, because it's likely to trigger shell script bugs (yes, those shell scripts are buggy if they don't work correctly with valid file names, but then, it's hard to write complex shell scripts which treat filenames with space correctly, you can bet that there's at least one shell script on your system which will break for space-containing file names).

      Note that the above list of characters to avoid in file names is by no means exhaustive.

      IMHO it would be best if the filesystem would reject spaces (or more generally, whitespace characters). This would also increase security: In the hope of a badly written shell script running as root, an intruder can deliberately write special file names. Say in /tmp he does
      mkdir '; cp '
      mkdir '; cp /etc'
      mkdir '; cp /etc/shadow '
      mkdir '; cp /etc/shadow /tmp'
      mkdir '; cp /etc/shadow /tmp/foobarbaz; chmod O+r '
      mkdir '; cp /etc/shadow /tmp/foobarbaz; chmod O+r /tmp'
      touch '; cp /etc/shadow /tmp/foobarbaz; chmod O+r /tmp/foobarbaz'
      Then if a buggy script is executed on /tmp scanning for files, which e.g. contains the command
      somecommand $1
      (where $1 contains the file name), or (more likely) something with the same effect using a more complicated (and therefore more likely to get wrong) mechanism, then the shell will actually execute
      somecommand ; cp /etc/shadow /tmp/foobarbaz; chmod O+r /tmp/foobarbaz
      and the intruder can happily read the contents of /etc/shadow from the innocent-looking /tmp/foobarbaz.
      --
      The Tao of math: The numbers you can count are not the real numbers.
    17. Re:Is this a patent system feature ? by TheNetAvenger · · Score: 1

      Oh what fun, where to begin...

      What you are trying to do here is draw a perceptual equivalance (equivalence), between a paragraph sized text entity, which has one purpose, and a very tiny entity, the filename, which has a completely difrerent (different) purpose. There is no such equivalance (equivalence).

      Filenames are referential information for an object data store. The more descriptive any form of referential information for any item of context, whether it is a block of binary or a thought is a good thing for human interaction; especially when dealing with abstract constructs in a computer environment.

      For you to try to define that a filename has some special significant difference from any other type of referential or descriptive thought in human language is either far reaching, or a grossly ignorant assessment of language and referential conventions of information.

      The difference in the last is that a space is one of the most natural breaks in human language syntax and to ignore that role in the conversion to computer syntax is not sensible. Or worse. And sure enough, it causes lots and lots of problems, too. Not to mention extra work - both for the user, who has to quote such names, and for the software, which has to parse syntactically wasted characters out (quotes or equivalant delimiters.)

      It is very apparent that you have not worked with computer users in test or work environments to contrast the benefits and disadvantages of each.

      Having worked in this capacity, the first point of contention with your above statements comes from your statement, extra work - both for the user, who has to quote such names, and for the software,.

      Most computer users, yes most, do not have to deal with filenames in a command line or type requested interface. 99% of computer users today work in graphical interfaces, and effectively manage their documents through this interface. It is only when you enter the realm of the developers, programmers, and techs that you will find users that work even work with filenames in a command line or type requested interface.

      Now for the these 'special' users that do use a command line or type requested interface for accessing files, there is NOTHING preventing them from storing their data WITHOUT SPACES. There is NO rule that forces them to use spaces or upper or lower case text even.

      To contrast this loss of productivity I would like for you to journey with me to a typical work or test environment. How much difference in wasted time do you think there is between the infrequent user that has to use a typed interface for filenames and either hit the TAB key or add quotes to the filename and a user that cannot find a document because of an obscure filename? Just imagine the differences in the computer searching for the document, and even the user searching through similar named files trying to locate something that would have been a lot easier for them and the computer to search for and find if the filename was in a more natural language and used spaces to delaminate words as people do in the real world.

      If you have been in test or work environments and truly been overseeing the usability improvements of introducing natural language filenames, with spaces, to users, you would not have the opinion of how awful spaces are and how they waste time.

      The second point of contention is with your assessment that dealing with spaces in filenames is something hard for software to handle. Maybe back in 70s this could be argued that it was hard for software to do. However considering this is many years later, 99.9% of all software APIs, OSes, and development environments inherently provide tools to easily manage spaces without even a second thought. If your software has problems with spaces in filenames, maybe it is time you thought about seeing if they have a new version of WordWriter or WordStar.

      Imagine a natural language parser. You type, "computer pleas

    18. Re:Is this a patent system feature ? by fyngyrz · · Score: 1
      The more descriptive any form of referential information for any item of context, whether it is a block of binary or a thought is a good thing for human interaction; especially when dealing with abstract constructs in a computer environment.

      Ok, fine. From now on, you'll be required to select your files by entering raw jpeg information as the file descriptor. Delighted to think that's I've improved your human interaction.

      There is every reason to value concise references (for one thing, they're easier to discriminate among for a human) and there are also many reasons to place limits upon reference mechanisms. As the above example demonstrates with some humor, you are wrong here.

      For you to try to define that a filename has some special significant difference from any other type of referential or descriptive thought in human language is either far reaching, or a grossly ignorant assessment of language and referential conventions of information.

      Really? I would enjoy watching you write a paragraph-as-filename for every file on your system, removing all traces of the original, reasonable filenames, and then I would enjoy even more watching you try to use your newly ruined filesystem in any kind of effective manner. There is a difference between a concise, easily used and parsed filename and a paragraph of difficult to parse and difficult to discriminate hand waving, regardless of your ability to see it or not.

      It is very apparent that you have not worked with computer users in test or work environments to contrast the benefits and disadvantages of each.

      "Very apparent", eh? You have a great imagination. I own a software company that's been in business since about 1985. There are now five divisions, none of which employs under 50 people. We do focus groups, extended alpha and beta test cycles, sponsored customer brainstorming sessions, and more. As it turns out, the spaces in files names issue has come up multiple times because our software specifically processes groups of files (it is special effects and animation software, so we do stream processing as a matter of course.) We've been all over this issue, and have been burned - repeatedly - by MS Windows inability to process these files and paths the same way they process filesystem names without spaces - all the while they are moving to a standard user directory path that contains spaces (My Documents, etc.) So what is "very apparent" to you is completely incorrect. I hope you don't have too much trouble crowbarring your foot out of your mouth.

      So we should just accept that computers will never be able to contextually understand language;

      Well, if you think that, you're on your own. I never said that, or implied it. I simply put forth the position that parsing space delimited arbitrary strings of words from a set of commands that also consists of space delimited arbitrary sets of words was considerably more difficult than parsing non-space delimited objects in the same stream. You seem to have a very strong tendancy to read between my lines and make up your own ideas. Reading between my lines results in blank verse. If you don't respond to what I say, you're only talking to yourself.

      Changing our patterns to a different scope to comply with a foreign system is not only non-intuitive, but also creates a reduced mentality to conform to.

      Hmm. Yes. Exactly why I maintain that we should never have changed the no-spaces-in-filenames convention. Now that we've changed it, late in the game, users encounter difficulties, programmers encounter difficulties, operating systems encounter difficulties, and reliability is down across the board. Spaces are completely foreign to reasonable filenames, and to the original filename concept. You've made a very good point here, and I commend you for seeing it. :)

      --
      I've fallen off your lawn, and I can't get up.
    19. Re:Is this a patent system feature ? by TheNetAvenger · · Score: 1

      Ok, fine. From now on, you'll be required to select your files by entering raw jpeg information as the file descriptor. Delighted to think that's I've improved your human interaction.

      Ok, you're just being silly, unless you draw pictures to communicate with all your friends instead of speaking or writing.

      Besides, computers DO use graphic thumbnails for video and images already, so I don't have to enter this information.

      Really? I would enjoy watching you write a paragraph-as-filename for every file on your system, removing all traces of the original, reasonable filenames, and then I would enjoy even more watching you try to use your newly ruined filesystem in any kind of effective manner. There is a difference between a concise, easily used and parsed filename and a paragraph of difficult to parse and difficult to discriminate hand waving, regardless of your ability to see it or not.

      It isn't so much about how I name files, but how the computer is ALLOWED to name files. When I drag a link to a website, it is nice to see (SourceForge.net Project Info - FlexWiki) as opposed to (SourceForge.net) or (SourceForge.net%20Project%20Info%20-%20FlexWiki).

      You need to really think this through a little bit more, trust me.

      Well, if you think that, you're on your own. I never said that, or implied it.

      This was whole basis of your argument if drawn to a conclusion. I apologize if you were not able to think the process out further to see the extent of what your arguing for implied.

      Yes. Exactly why I maintain that we should never have changed the no-spaces-in-filenames convention. Now that we've changed it, late in the game, users encounter difficulties, programmers encounter difficulties, operating systems encounter difficulties, and reliability is down across the board. Spaces are completely foreign to reasonable filenames, and to the original filename concept.

      Again you think this is a massive problem to even take the time to argue it this far. 99.9% of the people using computers NEVER have to type a filename, so whether it has spaces or not means nothing to them but readability and ease of use.

      Programmers should know better than to name their projects, packages or DLLs with spaces in them. However if they do, I know of very few OSes that would have a problem with it. It is just a matter of ease of access to their projects and again in most graphical compile environments, this is so abstract from the programmer or user, spaces don't cause any problems are even mean anything to them.

      And as for 'operating system encounter difficulties', you can't be serious can you? In the windows World, even with the original 1993 NT, and Win95, spaces have NEVER been a problem to the OS, 99% of all *nix file systems do not have a problem with spaces anymore, even old pre-System 10 Mac OSes have never had a problem with spaces.

      What OS are you using that has difficulties with spaces in filenames?

      At this point you are either really silly, or a stubborn person that is going to argue something as OLD and trivial as this without even asking yourself if you are really thinking it through.

      Technology is about progression, and part of the progression of technology is that computers and technological devices move to work in a more humanistic fashion, rather than humans moving to work with artificial rules imposed by fools like you.

      Take a Psychology 101 class or buy a book on technology interaction. Geesh...

    20. Re:Is this a patent system feature ? by fyngyrz · · Score: 1

      If you can't be bothered to respond to the points made, and instead insist on wandering off in completely irrelevant directions (like psychology, for crying out loud) then I decline to continue the conversation.

      --
      I've fallen off your lawn, and I can't get up.
    21. Re:Is this a patent system feature ? by TheNetAvenger · · Score: 1

      If you can't be bothered to respond to the points made, and instead insist on wandering off in completely irrelevant directions (like psychology, for crying out loud) then I decline to continue the conversation.

      It is crazy for you to continually insist that 'computers are different', when interaction with them is no different or should be no different than any other types of psychological interactions in our lives.

      If we all followed your line of thoughts that they are 'special' and should be outside of our world of natural language, and enforce rules on us, then computers would still be number crunchers that had NO humanistic interactions.

      I hate to tell you this, but just because computers don't have full AI, don't mean they are not a part of our interaction processes each day and a part of our psychological interaction with them and the rest of the world.

      I just emailed a client a set of documents, sure I could have named them 'file1,file2,file3' or 'InsuranceFormsFromBlankCompanyThatNeedToBeSignedA ndReturnedASAP', but I think they appreciate that the file they got was 'Insurance Forms from Blank Company that Need to be Signed and Returned ASAP'.

      This is a further example that baffles me that you have not thought past your own interaction with your personal files on your computer; do you have no outside interaction through your computer? This last example is not only our own psychological interaction with the computer, but using it as a communication tool for psychological interaction with OTHER PEOPLE, and hence the reason it should not be constrained to non-humanist rules.

      You either get it or don't, and I'm now starting to be afraid you not going to...

  4. No FAT patent for Microsoft? by stretch0611 · · Score: 4, Funny
    But Microsoft products are full of FAT...

    Oh, I'm sorry, I actually meant they are full of BLOAT, not FAT.

    --
    Looking for a job?
    Want your resume written professionally?
    DON'T USE TUNAREZ!!!
    1. Re:No FAT patent for Microsoft? by Anonymous Coward · · Score: 0

      "...But Microsoft products are full of FAT...."

      And not to be out done by fast-food restaurants, you can Supersize Me and get the FAT32 option for just a few upgrades more.

    2. Re:No FAT patent for Microsoft? by Anonymous Coward · · Score: 0

      ah yeah, because desktop linux isn't bloated or slow at all........

      Windows XP: 233 MHZ 64MB min, 300 MHZ 128MB recommended

      Xandros: PII 64MB min, 450 MHZ 128MB recomended
      Mandrake: 64MB min, 128MB recommended
      Fedora Core: PI 192MB min, 400 MHZ 256MB recommended
      SUSE: 128MB min, 256MB recommended
      Sun Java System: 266 MHZ 128MB min, 600 MHZ 256MB recommended
      Turbolinux 10F: 1GHZ 512MB recommended
      Linspire: 128MB min, 800 MHz 256MB recommended

    3. Re:No FAT patent for Microsoft? by geekboy642 · · Score: 0

      That's because nearly all distros run either GNOME or KDE, both of which are badly bloated. Linux itself is only as bloated as /you/ make it.

      A well-configured linux with a simpler gui can run nicely on something Win3.1 would choke on.

      --
      Just another "DOJ fascist authoritarian totalitarian bootlicker" -- Zeio
    4. Re:No FAT patent for Microsoft? by pfleming · · Score: 1

      Windows XP: 233 MHZ 64MB min, 300 MHZ 128MB recommended
      Remember that 300MHZ 128MB is for the OS. If you want to run any programs on that machine you better load it up.

    5. Re:No FAT patent for Microsoft? by rock_climbing_guy · · Score: 1

      Yeah, sometimes I run the WindowMaker GUI when I don't feel like waiting for KDE to work its magic. It works nicely, but it has a few quarks.

      --
      Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
  5. This happens at a high rate. by Amiga+Lover · · Score: 4, Insightful

    According to more of the text at groklaw, 70% of those patents challenged, are eventually rejected, just like this one.

    Far better than going through the courts once the patent is being defended by nazgul style lawyers is to defeat it on merits with the patent office. Looks like Dan Ravicher is onto something that could do with all our support.

    1. Re:This happens at a high rate. by qcomp · · Score: 1
      Looks like Dan Ravicher is onto something that could do with all our support.

      exactly, and what better way to celebrate today's victory, than to donate to PubPat.
      What joy it would be to see all these stupid Trivialities be rejected and get confirmed that all those mighty emperors do not have any clothes on ;-))

    2. Re:This happens at a high rate. by Halo1 · · Score: 4, Insightful
      Even with the reduced costs, it's still a huge waste: first you have the company spending time and money on getting the patent, then the public or another company spends time and money to defeat it. This is not a structural solution, in fact it's some patch work that spends even more resources in order to keep an obviously non-working system afloat (by curbing its most perceived excesses).

      It would be much better to simply properly reform the patent system and to limit it again to what is was originally designed for in the 15th century, instead of keeping these artificial extensions (by courts, not by lawmakers!) into fields it was never intended to cover and for which it simply does not work.

      It is not a problem of examination, it is a problem of subject matter with which the patent system simply cannot deal. The European Patent Offices tries to deal with software patents by demanding "further technical effects" in the "technical contribution" of the "inventive step", but it results in almost exactly the same patents as in the US, just slightly differently worded.

      --
      Donate free food here
  6. Let me be the first to say... by Anonymous Coward · · Score: 0, Troll

    Thank God.

    Any refusal of software patent is good in my books.

    http://www.s.camelo.btinternet.co.uk/what.jpg

  7. Related News by knautilus316 · · Score: 5, Funny

    In related news, the US Patent Office also rejected Bill Gates' patent applications for fire and the wheel. ~Knautilus

    1. Re:Related News by slew · · Score: 3, Interesting

      Yes, but the USPTO did accept Bill's patent on the door hinge...

      FWIW, I remembed this one from a few years back...

    2. Re:Related News by Holi · · Score: 1

      Except that is a valid and descriptive patent. I see no problem with it, unlike software patents which are usually vague and seemingly unpatentable.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
  8. FAT Patent Rejected? by grunt107 · · Score: 5, Funny

    Guess MS's case was a little THIN. {Ahhh, I feel better now}

  9. Would a patent help? by tkrotchko · · Score: 5, Interesting

    Seems to me a patent would have run out by now.

    If you look here:
    http://en.wikipedia.org/wiki/FAT_file_system#Histo ry

    You'll see a couple landmarks:

    FAT12 - 1980
    FAT16 - 1983
    VFAT - 1995
    FAT32 - 1997

    But really, the FAT file system is 24 years old at this point. How can you patent something you did 24 years ago and you've not complained about it in all that time?

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:Would a patent help? by Ancil · · Score: 4, Informative


      The patent was for aspects of the long filenames introduced with Win95. They were used in the "VFAT" filesystem and its successors.

    2. Re:Would a patent help? by Mr2cents · · Score: 1

      1995, wasn't I bragging about my new hyperfast P90 around that time? That's still the stone-age! How long does it remain valid??

      --
      "It's too bad that stupidity isn't painful." - Anton LaVey
    3. Re:Would a patent help? by pedestrian+crossing · · Score: 1

      How long does it remain valid??

      This long.

      --
      A house divided against itself cannot stand.
    4. Re:Would a patent help? by Anonymous Coward · · Score: 1, Insightful
      But really, the FAT file system is 24 years old at this point. How can you patent something you did 24 years ago and you've not complained about it in all that time?

      Buy a politician, preferably a president

  10. Not excellent by Moderation+abuser · · Score: 5, Interesting

    Definitely *not* an example of how it should work. You have an external organisation doing the job that the patent office itself should be doing. That's a failure in need of reform. Perhaps if business processes and software were not patentable, the patent office might have more resources to devote to patents which are worthy of being granted.

    --
    Government of the people, by corporate executives, for corporate profits.
    1. Re:Not excellent by jkabbe · · Score: 4, Insightful

      There's a comparison to be made to the open source community. Why is open source software better? Because when you have thousands or millions of eyes looking at something you'll find more errors and have a better quality product in the end.

      The same logic applies to patents. A single examiner in the USPTO can't possibly research every possible document in existence looking for prior art. The USPTO needs to take advantage of the eyes of others. They do that through the pre-grant publication and reexamination proceedings. Because the publication process only allows for a short period to submit prior art it means that many patents will be granted that later get overturned.

      All the USPTO can make is a good effort and require that the patent application be written according to the guidelines so it can be understood by others (other patent lawyers that is).

    2. Re:Not excellent by lachlan76 · · Score: 1

      You can't expect the job to be done well entirely by the government - external organisations will need to help. Do you think that the government should be run without any oversight by the people?

    3. Re:Not excellent by Anonymous Coward · · Score: 0

      Agreed. But like Open Source Software, PubPat deserves our support. I assume they take donations? Anyone have a link?

    4. Re:Not excellent by jsebrech · · Score: 2, Insightful

      All the USPTO can make is a good effort and require that the patent application be written according to the guidelines so it can be understood by others (other patent lawyers that is).

      There are a number of inherent problems with the USPTO:

      * its financial resources are diverted to other ventures, instead of reinvested in patent examination, as a result, patent applications see less and less patent examination, and ...

      * patent examiners are woefully undertrained; they should be among the best in their field, but the low wage of examiners means that those who actually know what they're doing find other jobs

      * a lot of classes of patents show no credible benefit to the industry they cover, like software patents. How many programmers do you know who go trawling through the patent database for a solution to their problem? I don't know a single one, and I've seen plenty of legal advice discouraging programmers from doing this. The entire reason for existance of the patent system is to spread new knowledge and inventions. The monopoly is what is given in exchange for the knowledge, and it is not the primary purpose of the patent system. Since no one ever looks at software patents except for when they are sued for patent infringement, the entire purpose of software patents is null and void.

    5. Re:Not excellent by AKAImBatman · · Score: 2, Informative

      * patent examiners are woefully undertrained; they should be among the best in their field, but the low wage of examiners means that those who actually know what they're doing find other jobs

      Are we talking about the same country? In the US, the patent examiners are required to have an applicable degree before their considered for the job.

      As for their wages, the upper range is well over $100,000. Read the article I posted as info for the first reply.

    6. Re:Not excellent by jkabbe · · Score: 1

      Problem 2 (undertrained) seems to be a result of problem 1 (not enough money).

      A new law going into effect this fall (I believe) should go a long way to fixing this problem.

      Problem 3, what is patentable, was created by Congress. That's the place the problem needs to be fixed.

    7. Re:Not excellent by Anonymous Coward · · Score: 0

      Well said. +1 Interesting virtual mod points to you.

    8. Re:Not excellent by johnnyb · · Score: 1

      I think the point is that the government should be able to run without oversight - i.e. it should always have oversight, but when it NEEDS oversight it's because it NEEDS to be changed.

    9. Re:Not excellent by Speare · · Score: 1

      While I agree the USPTO needs further reform, they have never been a regulatory agency. They have been a paid service bureau: you pay the fees, you get the registration. It is only this century's massive cultural shift to "game the system" which has exploited the USPTO's resources and capabilities to the maximum.

      --
      [ .sig file not found ]
    10. Re:Not excellent by pebs · · Score: 2, Informative

      There's a comparison to be made to the open source community. Why is open source software better? Because when you have thousands or millions of eyes looking at something you'll find more errors and have a better quality product in the end.

      Not only the many eyes, but the many hands. Open source software has more potential for technical progress because it expands the possibility of who can contribute or make modifications (depends on license).

      --
      #!/
    11. Re:Not excellent by Anonymous Coward · · Score: 1, Funny

      balmer, quit trolling the forums nobody cares

    12. Re:Not excellent by Trepalium · · Score: 1
      You can't expect the job to be done well entirely by the government - external organisations will need to help.
      This is an attitude I have a problem with. Why shouldn't I expect the government to be able to do a good job? You MIGHT get more efficient results from the private sector where greed is a big motivator, but that doesn't mean the private sector will do a better or worse job. Only that it ought to be more financially efficient.
      --
      I used up all my sick days, so I'm calling in dead.
    13. Re:Not excellent by Anonymous Coward · · Score: 0

      Greed is a better motivator than none at all... most people that I know with government jobs tell me how nepotistic the environment is. People know for the most part that bad performance is not punished and they cannot be fired, and act accordingly.

    14. Re:Not excellent by flossie · · Score: 1
      Are we talking about the same country? In the US, the patent examiners are required to have an applicable degree before their considered for the job.

      Having a degree and being at the top of the field are not the same thing. The degree may be a necessary prerequisite in most cases, but it is not sufficient. To really be an expert at something, you have to practise it. Most degrees just get you to the stage where you have enough background to really start learning.

    15. Re:Not excellent by AKAImBatman · · Score: 1

      Having a degree and being at the top of the field are not the same thing.

      I perfectly agree with that. However, you can't expect an expert in a field to drop everything and go to work for the patent office. So you're going to have to make due with someone trained in the field, but not necessarily an expert in said field.

      That's why public review and re-evaluation requests are so important. If a patent does affect experts in a field in a negative way then they can take the time to challenge it.

    16. Re:Not excellent by blackdragon7777 · · Score: 1
      You have definetly hit the nail on the head (and hence you will not be modded up). Closed source software tends to be better mostly because there is a lot *more* money to put behind it. People are more motivated to write better software with money than with politics. In fact I feel that software shouldn't be a political issue at all.

      That being said, there is a few open source applications that are better than closed source programs such as Apache (IMO), and Mozilla (Though Safari is catching up).

    17. Re:Not excellent by sjames · · Score: 2, Insightful

      In the US, the patent examiners are required to have an applicable degree before their considered for the job.

      Perhaps, but it's really hard for me to see how anyone with any relevant knowledge in computers could possibly not know that the FAT based filesystem has been well understood (not necessarily LIKED, just understood) by absolutely anyone who cared since the 1980s. It is well documented (disclosed) in numerous books, both from MS, and by third party authors and has been for over a decade. It's just a LITTLE late to claim it as a new invention. It wasn't all that novel even when it came out.

      If THAT had a chance, it may not be too late for Clarke to patent the communications satellite.

    18. Re:Not excellent by Zeinfeld · · Score: 1
      Definitely *not* an example of how it should work. You have an external organisation doing the job that the patent office itself should be doing.

      True, but it is working better than it was.

      As for Microsoft 'losing' here. The FAT patent was a relative cheapie to license, $50K or so. Compare that to the $500 million Eolas judgement.

      For Microsoft its heads they win tails Eolas is more likely to lose. This is what you might call a phyric defeat.

      Microsoft might make some money out of software patents, but they will also be taken to the cleaners by patent trolls. Sure they might gain a couple of billion a year or so if they were as successful as IBM or TI. But they would also be shelling out several times that to the trolls.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    19. Re:Not excellent by Anonymous Coward · · Score: 0

      Perhaps that is because you don't understand what this patent is actually claiming. If you did, you would realize how completely off-base your post is. Although, it is rare for anyone here at slashdot to know what they are talking about, so I suppose I shoudln't be too surprised.

    20. Re:Not excellent by Anonymous Coward · · Score: 0

      Yes, I know that some open source applications are quite good. In fact, I'm using Firefox right now. I also use OpenOffice, Audacity, The Gimp... They are not the best programs on the market but they are good enough for my personal needs. I even believe that OpenOffice could become at least as good as MS Office in a few years.

      But here I am, moderated as a troll for saying what I think is obvious. I wonder if people realize that, by saying OSS are better, they are in fact doing OSS a disfavor. Oh well... I guess it's a chance that "ordinary" don't read Slashdot.

    21. Re:Not excellent by sjames · · Score: 1

      Perhaps that is because you don't understand what this patent is actually claiming.

      And yet, I am a professional in the field. If I can't understand what they're claiming, then their patent is necessarily invalid since I can't reproduce what I don't understand.

      To take at least one example, they claimed a patent on the kludgy way they shoehorned long filenames into DOS. Tacking an additional structure onto a legacy structure and using a wierd but valid value in the first structure to trigger checking the new structure is not exactly groundbreaking, I've seen that in mainframe database files from the '70s. In Linux, umsdos managed to kludge in long filenames in the msdos filesystem (FAT) 2 years before MS did.

      It further appears that they wish to claim a patent on generating a hash from a long filename. (they even claim collision resolution). That's only been around approximatly forever.

      Frankly, the whole thing could be adequatly described to the same level of detail in a short paragraph, but it takes a lot more space once the fog is injected in.

      Perhaps you'd care to name a single thing in any of the several patents around the FAT filesystem that were the least bit non-obvious in 1998? How about that wasn't already published? How about not already implemented by someone else? The tiniest justification at all?

    22. Re:Not excellent by Anonymous Coward · · Score: 0
      "A new law going into effect this fall (I believe) should go a long way to fixing this problem."

      Oh puh-fucking-lease! What you're suggesting is pooring water on an oil fire... won't fucking work!

  11. VFAT Patent by Coneasfast · · Score: 4, Informative

    i think i should remind everyone, this patent is not on the FAT filesystem itself, but the VFAT extension for long file names. (which, if you know how it works, is nothing innovative)

    --
    Marge, get me your address book, 4 beers, and my conversation hat.
    1. Re:VFAT Patent by HermDog · · Score: 3, Funny
      i think i should remind everyone, this patent is not on the FAT filesystem itself, but the VFAT extension for long file names. (which, if you know how it works, is nothing innovative)


      I found the implementation of long file names on VFAT inspirational myself. When I saw the details behind it shortly before Win95 debuted, I was inspired to look at this Linux thing I had heard about.
      --
      JADBP
    2. Re:VFAT Patent by gewalker · · Score: 4, Insightful

      Actually, I would argue that implemtation was innovative. By accounts, MS spent considerable effort coming up with details necessary for this to work somewhat transparently. This is and should be protected by copyright -- you should not take MS code as your own.

      The idea was not however novel. The patent should fall.

      1 down, 100,000 to go.

      But I am of the opinion that software should never receive a patent. Software patents are harming innovation and the public, not helping them. Consitutional purpose of patents is the help the public by promoting innovation, not as a means of supporting more lawyers.

    3. Re:VFAT Patent by Anonymous Coward · · Score: 0

      "1 down, 100,000 to go."

      Sadly, you're an optimist. There's no way this type of process can keep up with the flood coming from Redmond. In the time it took to reject this patent, hundreds more were submitted and approved.

      I think I'll wander off and go cheer someone else up now.

    4. Re:VFAT Patent by FLEB · · Score: 1

      1 down, 100t+100,000 to go.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    5. Re:VFAT Patent by Curate · · Score: 1

      Well, duh... a lot of things don't seem innovative, *once you know how they work*. We can look back at a lot of inventions and discoveries and say to ourselves "well that was obvious". But was it, really? Easy to understand != easy to come up with.

  12. Mod parent DOWN by Anonymous Coward · · Score: 2, Insightful

    What the zarking faquaad are you talking about? Trolling?

    The patent was rejected on obviousness grounds. As in, anybody skilled in the art at the time of invention would have found the invention obvious.

  13. MS will try anything for the shareholders by Anonymous Coward · · Score: 4, Funny

    This is pathetic! How this ridiculous license scheme would work with so much of the population obese is beyond me. And the people who would be forced to pay the most, would be the least likely to be able to defend themselves in court without the use of a small crane to leave the house.

    1. Re:MS will try anything for the shareholders by conteXXt · · Score: 1

      oh for lack of a mod point.....

      --
      The truth about Led Zep should never be told on /. (Karma suicide ensues)
  14. And this is why lawyers are hated. by Anonymous Coward · · Score: 5, Insightful

    " As lawyer, this is ridiculous."

    As a developer, this is wonderful.

    Software patents are a bad idea. The only people who think differently are lawyers and developers who are mostly under 35 years of age.

    All software is derivative.

    More to the point, the greatest renassaince in software development came prior to patents of software. It is literally destroying the software industry. Oh, except for MS and IBM.

    Really, get a clue.

    1. Re:And this is why lawyers are hated. by Anonymous Coward · · Score: 0

      He's not a lawyer, he's a Troll. No one with the slightest legal knowledge would misuse and conflate the concepts of patents, copyright and trademarks like the OP.

  15. There are several patents involved here... by ubiquitin · · Score: 5, Informative

    ...such as the following:

    U.S. Patent #5,579,517 - Common name space for long and short filenames

    U.S. Patent #5,745,902 - Method and system for accessing a file using file names having different file name formats

    U.S. Patent #5,758,352 - Common name space for long and short filenames

    U.S. Patent #6,286,013 - Method and system for providing a common name space for long and short file names in an operating system

    --
    http://tinyurl.com/4ny52
  16. Hmmm Submitting Patents like Gamblers? by Yo+Grark · · Score: 5, Funny

    On a warm summer's evenin' about a patent bound for approvals,
    I called up the patent officers; they were too tired to speak.
    They just took turns a starin' at the leagal techno babble
    'til mind-numbing boredom overtook them, and errors began to creap.

    One said, son, I've made a life out of readin' people's patents,
    And knowin' what their prior arts were by the way they dotted their i's.
    So if you don't mind my sayin', I can see you're really reachin.
    For my sons university education, I'll give you some advice.

    So I met and wrote his man a cheque, and he looked the zero's that followed.
    Then he bummed a cigarette and asked me for a light.
    And the night got deathly quiet, and his face lost all expression.
    Said, if you're gonna play the game, boy, ya gotta learn to play it right.

    You got to know when to hold 'em, know when to appeal 'em,
    Know when to walk away and know when to sue.
    You never count your patents when you're sittin' at the judges table.
    There'll be time enough for countin' when the approval's done.

    Now ev'ry patent leecher knows that the secret to survivin'
    Is knowin' what to sell off and knowing what to keep.
    'cause in ev'ry merger's a winner and ev'ry buyout a loser,
    And the best that you can hope for is to grab patents while people sleep.

    So when he'd finished speakin', he turned back towards the window,
    Crushed out his cigarette and faded off to sleep.
    And somewhere in the darkness the patent officer, he got even.
    But in his final words I found a crooked officer I could keep.

    You got to know when to hold 'em, know when to appeal 'em,
    Know when to walk away and know when to sue.
    You never count your patents when you're sittin' at the judges table.
    There'll be time enough for countin' when the approval's done.

    You got to know when to hold 'em, know when to appeal 'em,
    Know when to walk away and know when to sue.
    You never count your patents when you're sittin' at the judges table.
    There'll be time enough for countin' when the approval's done.

    With nods to Kenny Rogers

    Yo Grark

    --
    Canadian Bred with American Buttering
    1. Re:Hmmm Submitting Patents like Gamblers? by Anonymous Coward · · Score: 0

      u aint got nuffing on my homie Eberlin, creator of the Slashbot rime

    2. Re:Hmmm Submitting Patents like Gamblers? by Yo+Grark · · Score: 1

      Good thing. I wouldn't want the stress of actually being Good!

      Yo Grark

      --
      Canadian Bred with American Buttering
  17. Makes you wonder about SCO licensees by OwlWhacker · · Score: 3, Insightful

    Here's what Ravicher says about this development, "I hope those companies that chose to take a license from Microsoft for the patent negotiated refund clauses so that they can get their money back."

    But what about those who have paid SCO for licenses to use Linux? Even if they have negotiated refund clauses, it seems very unlikely that they'll get one.

    1. Re:Makes you wonder about SCO licensees by GenerallyDynamic · · Score: 1

      When you say those - you really mean the one guy. In IT. Works for SCO. Reimbursed by McBride.

  18. Too the one who said this is stupid. by Anonymous Coward · · Score: 2, Informative

    Software is covered under copyright and should NEVER EVER be patented. It would be like me writing a certain kind of story and then after that no one whould be ever allowed to write that kind of story without paying me a royalty first.

    Repeat after me, software should NEVER EVER be granted a patent.

    1. Re:Too the one who said this is stupid. by julesh · · Score: 1

      I submitted a story to /. a while back, about someone who'd written a novel that involved an unusual game show. Then (before the novel was published, IIRC) some TV station decided to produce a show based on the same concept.

      The novelist, it turns out, had patented the idea of this TV program and threatened to sue them.

    2. Re:Too the one who said this is stupid. by Anonymous Coward · · Score: 0

      What if you did make a software that was "novel"? It's difficult to make books that are novel (puns aside...) because the media is, for one, static, and also been around forever.

      If you did come up with a novel concept for software, you should be able to patent it. Just because it's software doesn't mean it's any less real.

    3. Re:Too the one who said this is stupid. by writertype · · Score: 1

      **It would be like me writing a certain kind of story and then after that no one whould be ever allowed to write that kind of story without paying me a royalty first.**

      Oh baby I love it when you talk dirty to me.

      ^
      |
      | (Note nick)
      |

  19. Too Bad by RAMMS+EIN · · Score: 3, Interesting

    Too bad it got rejected. I was hoping the patent would push people away from FAT. Perhaps just the patent will do the trick, though.

    --
    Please correct me if I got my facts wrong.
  20. Re:This is stupid by Anonymous Coward · · Score: 1, Interesting

    I doubt you are a lawyer. Look at your previous slashdot posts.

    Nothing in that comment makes sense. What are you talking about? Those patents were for a minor modification to old 24-year old specification that was in the public domain. This has no open source ramifications. There are lots of things that people or organizations create things that are not patentable. That doesn't mean it is a precedent every time a patent is rejected.

    Are you working for Microsoft? What do you mean call the EFF? What, and tell them congratulations? Does Microsoft now register trolls on Slashdot to try and sway public opinion?

  21. Re:This is stupid by doshell · · Score: 5, Informative

    [...] They are effectively ruling that Microsoft cannot hold a patent on software they created. [...]

    The FAT filesystem itself is not "software", it is a specification. You only talk about "software" when you think of an implementation of FAT, like those found in Windows and the Linux kernel.

    --
    Score: i, Imaginary
  22. SP2 makes you look fat by aardwolf204 · · Score: 0, Offtopic

    Dear Windows,

    Service pack 2 makes you look fat.

    Love,
    Your Ex

    --
    Im dreaming ofa big bndwdth, That can resist the /.crowd.May ur days b merry & bright & may al
  23. Are you for real? by Anonymous Coward · · Score: 0

    There is no logic in your statement. The EFF would not support this, so what are you trying to really say?

  24. Damnit!!! by lcorc79 · · Score: 5, Funny

    Damnit!!! I was really hoping MS would get a patent on FAT, so I could tell my ass it was infringing and draft up a cease & desist .....

    --
    Groove Salad -- a nicely chilled plate of ambient grooves and beats.
  25. So... by panth0r · · Score: 1

    So, did they finally reach the patent cap?

    --
    I like suggestions, but I don't like contributing towards them.
  26. Re:This is stupid by DeepHurtn! · · Score: 1

    What the fuck do trademarks have to do with anything?

  27. Re:This is stupid by gcaseye6677 · · Score: 3, Funny

    Stupid troll. They're not saying that nobody should be able to have patents. They're saying you can't patent something that you released to the public over 10 years ago.

  28. Huh, what? by slaad · · Score: 5, Funny

    Woa....they can reject patents? ;)

    --


    ~Warning!~ The above is encrypted using rot676!
  29. Confused... by Anonymous Coward · · Score: 0

    Aren't we supposed to hate USPTO??? What's going on?

  30. Excellent question being ignored by rd_syringe · · Score: 0

    Give that man some mod points--that's an excellent question people haven't even considered. Our precious Linux-backing IBM holds even more useless patents than Microsoft does. But they're given a pass because they support Linux.

    1. Re:Excellent question being ignored by jedidiah · · Score: 5, Informative

      Take away all of IBM's bogus patents and it will still hold one of the biggest patent portfolios on the planet. That cannot be said of Microsoft.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:Excellent question being ignored by BasilBrush · · Score: 0, Offtopic
      When I had a sig critical of John Kerry, suddenly I was repeatedly modded down as "Overrated" and "Troll."

      Excellent. A right wing Microsoft apologist repeatedly gets modded down as overrated and troll, and doesn't get any mod points himself. Ever.

      The Slashdot mod system is working just right. :-)

    3. Re:Excellent question being ignored by Anonymous Coward · · Score: 0

      "...But they're given a pass because they support Linux...."

      Good point. Don't we all cut slack for something we like?

      Take, for example, a recent high school football game I attended. I noticed all the kids in the stand on the home team side supported their football team. It's funny how that works. And it's funny how a Linux-centric news site has fans that support Linux and, for instance, a Windows fans wonders why they aren't "fair and balanced". If I visited, say, a SCO centric new site (if one exists), I wouldn't cry foul when I noticed everyone was cheering for [gulp] SCO... I would expect it because I'm on their home turf.

  31. Re:This is stupid by Alioth · · Score: 2, Informative

    Since you were modded 'Interesting' and not 'Funny', obviously some mods were suckered into what I hope was your sarcasm. (Sarchasm - the gulf between the writer of sarcastic wit and the one who doesn't get it).

    Microsoft can patent stuff - but this particular 'invention' was rejected because it was obvious. Something that's patentable must not only be novel, it must be non-obvious.

  32. s/patent will/attempt will/ by RAMMS+EIN · · Score: 1

    argh, talking to girls and posting on /. don't mix

    --
    Please correct me if I got my facts wrong.
    1. Re:s/patent will/attempt will/ by Anonymous Coward · · Score: 0

      Actually, it never happens at all.

      Turn in your Geek card.

  33. In other news by Anonymous Coward · · Score: 0

    Microsoft SLIM patent accepted.

    We just cut off som features, said a Microsoft spokesman, and then it sneaked through.

  34. Whewww by Anonymous Coward · · Score: 4, Funny

    I am a little overweight and I have some frieds that eat too much and don't get enough exercise. I know we will all be relieved to hear that we don't have to pay royalties on our cellulite.

    1. Re:Whewww by dipipanone · · Score: 1

      > I have some frieds that eat too much

      If I were you, I'd dump the frieds and start hanging out with the steameds and the lightly grilleds.

  35. Re:This is stupid by r6144 · · Score: 2, Informative
    I could not RTFA but if it just mean what you have said, who cares? I ignore the trademark part for now; as for patents, if no one can hold a patent on software they created, this is not very different from the case in many countries where software patents are not allowed at all. I have never heard of FSF holding any patents, and if Redhat has some, they have stated that they will be using them defensively only, so they probably won't mind losing them very much if the main purpose of them has disappeared in the first place.

    Actually even if copyrights vanished overnight, the free software community will be one of the least affected. Of course GPL would no longer mean anything, and much troubles may ensue, but life will probably go on in the community. Now that we are talking about patents, a court decision such as the one you mentioned will hardly do any harm to our community.

  36. Too much misinformation about the patent process by Anonymous Coward · · Score: 0

    >It may surprise many to know that patent officers are often promoted on how many patents they reject, not how many they approve. Thus it is in their interest to reject any applications with even the slightest possibility of being invalid.

    Do we now? I can tell you this is BS and you are misinformed.

  37. FAT lady sings by bstadil · · Score: 2, Funny
    They can still appeal the ruling so it's not over until the FAT lady sings.

    --
    Help fight continental drift.
  38. Re:This is stupid by gaj · · Score: 1
    If you are indeed a lawyer, I hope to ${diety} you find a new line of work, for your clients' sake.

    This ruling simply recognizes that Microsoft's VFAT implementation is an obvious application of and extention to common practice and previously patented inventions. I says nothing at all like what you are claiming.

    I know, I know ... IHBT IHL HAND.

    I'm not new here (see my UID), but even on /. it is depressing to see obvious tripe like this modded up.

    OTOH, though it pains me to say so, I do agree with one of the troll's points -- it is indeed a fine idea to support the EFF (and PubPat), if you agree that our IP systems are seriously out of whack.

  39. No, No, a thousand times No! by Anonymous Coward · · Score: 1, Insightful

    The system is broken. The system might have been able to work in 1800 when the amount of 'stuff' that had to be taken into account was 1/10000 of what it is today. In 1800 a single individual could be expert on most of science and technology. Now, someone with a four year degree is barely scratching the surface. Doing a meaningful search for prior art is a daunting task and much of the time it looks like it doesn't get done properly.

    In the face of a blizzard of bogus patents, getting them rectified one at a time just won't work. If Microsoft says that I am violating one of their patents, I have to give up; I just can't afford the lawyer's bill. Therefore the system works only in favor of the big guy and the lawyers.

    1. Re:No, No, a thousand times No! by FLEB · · Score: 1

      Although, on the upside, the better publishing and catalouging methods for ideas that do exist certainly do make it easier to sift through the larger amounts of prior art. GTFP! (Google the Fr'k'n Patent!)

      Not to mention the fact that the Internet has made it much easier to quickly form coalitions of similarily interested and knowledgeable people to thoroughly "call bullshit" when a spurious patent (as well as many other types of public fraud) does come to light.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
  40. Re:This is stupid by LWATCDR · · Score: 2, Interesting

    Umm the idea of patenting software is stupid. You can not patent a book, movie, story, sheet music or comic books! Software should be handled under copyright law not patent law.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  41. Glad--That would have been one Phat patent... by FerretFrottage · · Score: 1

    for MS if it was granted to them and given Gates a bunch more bling bling.

    --
    "Look Lois, the two symbols of the Republican Party: an elephant, and a fat white guy who is threatened by change."
  42. Interoperability alone doesn't help competitors mu by ShatteredDream · · Score: 4, Informative

    If file system compatibility really helped THAT much, then BeOS would have owned Linux and Be would be a viable contender today. BeOS' support for Fat32 and NTFS, especially in how easy it was for users to mount them from the desktop, was well above that of the Linux desktops of BeOS' day. When you wanted to mount a drive, a right click on the desktop showed the Fat32 and NTFS partitions as plainly as a BFS partition so the whole process was the same to John Q. Not only that, but BeOS back then also automatically recognized new partitions, something Linux did not and still doesn't seem to do well.

    What keeps people loyal to Microsoft in the U.S. is the popularity of its products combined with the variety of games and home software for Windows. Office and Windows have a symbiotic relationship, you take down one, the other goes down eventually, but Windows is more important to Microsoft because the home market provides a solid foundation for Office. Installing a game on Windows is easy for the average home user, but not on Linux.

    Game developers don't want to waste their time getting around that. Until a very comprehensive, attractive way to install home software is availible, Linux and other OSS projects will be left behind. The best way for Linux developers to get around this is probably to make a concerted effort to emulate Apple's framework system so that all of the dependencies one needs to have in place are part of the Linux game's ".app directory." Either that or program the games in a combination of C# and C and pray that Mono doesn't die on users.

    Maybe it's just my perspective, but interoperability with things like FAT only do so much for the average user. In the long run, it's a lot more complicated than that. If interoperability were the key, then BeOS and MacOS X would have eaten Windows alive a long time ago.

  43. Re:This is stupid by Anonymous Coward · · Score: 0

    I think you missed the point as others have posted. You cannot hold a patent if the idea has prior art. And this is just the case for FAT. The methods they tried to patent have been in public domain. It only seems fair. Imagine what the consequences would be if you could hold a patent on prior art!

  44. MSWords -- A patened approach by theAmazing10.t · · Score: 5, Funny

    MSWords -- a patented approach for combining letters of the alphabet into meaningful units that can be "read" (for info on "reading", see MS patent 9997645, "A method for interpreting strings of alphabetic characters")

  45. Why it was rejected... by ultraslacker · · Score: 5, Informative

    The patent was rejected based on prior art.

    From the patent office rejection statement:

    "...patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains."

    1. Re:Why it was rejected... by ultraslacker · · Score: 1

      It's a combination of prior art and the patent being, well, obvious.

  46. I have a solution by Bin_jammin · · Score: 4, Funny

    What we need to do is fight fire with fire. For instance, I should take out a patent on ugly, then sue the holy hell out of Gates and Balmer. At $1 per degree of ugly, I could buy Peru.

  47. A patent... REJECTED? by Anonymous+Writer · · Score: 3, Funny

    The USPTO has rejected a patent? I can't seem to find a site that tells you the weather in hell, because I'm curious to see if it has frozen over.

    1. Re:A patent... REJECTED? by maxchaote · · Score: 2, Funny

      Here's the forecast.

  48. A donation link for PubPat by Anonymous Coward · · Score: 5, Informative
    pubpat donations.

    Even for this case alone, these guys deserve our support.

  49. Re:This is stupid by Anonymous Coward · · Score: 0

    or maybe it was because the mods thought that karma points should be given for "funny" comments. Currently you dont get positive karma for +1 funny.

  50. If that's the argument, reduce the USPTO by Moderation+abuser · · Score: 1

    Seriously, if they aren't competent to do the job, their responsibilities should be reduced to the point that they are compentent. i.e. Patents should be published for an extended period for discussion before being granted by a vote from interested parties. The patent examiners responsibilities can then be reduced to managing the process.

    --
    Government of the people, by corporate executives, for corporate profits.
  51. Whoops! by pedestrian+crossing · · Score: 1

    Wrong country [blush]. According to a randomly selecte law firm, this long.

    --
    A house divided against itself cannot stand.
  52. Please use correct implementation! by gosand · · Score: 4, Funny
    i think i should remind everyone, this patent is not on the FAT filesystem itself, but the VFAT extension for long file names. (which, if you know how it works, is nothing innovative)

    Don't you mean....

    i think i should remind everyone, this patent is not on the FAT files~1 itself, but the VFAT extens~1 for long file names. (which, if you know how it works, is nothing innova~1)

    --

    My beliefs do not require that you agree with them.

  53. MSFT FAT Patent was not a problem by Hal_Porter · · Score: 4, Informative

    Because it covers only one method of long filename to short filename conversion.

    The scheme patented covered one possible way to convert long filenames into valid dos names by truncating the name and adding ~nn. Windows does this by counting the number of short names, and using this count as the nn value. E.g.

    ALongFilename1.txt will have short name ALONGF~1.TXT
    ALongFilename2.txt will have short name ALONGF~2.TXT

    This is bad because you need to make multiple scans thought the directory to generate the short filenames. There is another patent for a data structure to speed this process up.

    You don't have to use this short filename generation method - VxWorks dos FS 2.0 uses a hex hash of the long filename for instance. Thus you'd get this

    ALongFilename1.txt will have short name 37f38765.TXT
    ALongFilename2 will have short name (more random gibberish).

    The idea here is that if you never use Dos, the ugliness of the short filenames doesn't really matter because you only see the long ones.

    You could also use the position in the directory for the last two numbers - there are endless possibilities. Provided you link the long filename and short filename correctly - there is a checksum byte in the long filename which links back to the short one, Windows will still be able to see both versions of the filename.

    Of course for many applications like digital cameras, 8.3 is still OK.

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    1. Re:MSFT FAT Patent was not a problem by /dev/trash · · Score: 1

      If I never use DOS why would I need short filenames then?

  54. Damn. by BrokenHalo · · Score: 1
    Sorry.

    I just read TFA and realised that the patent referred to "long filenames".

    My bad. Mod me -1 Moron. :-)

    1. Re:Damn. by legojenn · · Score: 1
      Sorry.

      I just read TFA and realised that the patent referred to "long filenames".

      My bad. Mod me -1 Moron. :-)

      I just happen to have mod points. I would have modded you -1 moron, but the option didn't exist. I can offer you: Normal, Off-Topic, Flamebait, Troll, Redundant, Insightful, Interesting, Informative, Funny, Overrated, or Underrated.

      Hurry up, I think my points will run out soon. :)

      --
      I make a reasonable middle-class wage by going to work and not spamming blogs with scams.
  55. Re:Related News (butt hinge) by Ingolfke · · Score: 1

    This is actual text from the patent "An improved butt hinge is disclosed in which each hinge half comprises a leaf portion formed integrally with a butt strap. A second leaf portion mounts to each butt strap after the butt straps are mounted to a door and door frame."

    Slashdot, news and commentary on par with CBS.

  56. Windows Fat Reduction? by Saeed+al-Sahaf · · Score: 4, Funny

    So, with the MS Fat Patent rejected, does that mean we will see a new slimmer Windows OS?

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  57. Prior Art by Vampyre_Dark · · Score: 2, Funny

    Aren't 95% of us North Americans FAT?

  58. You're reading too much into it (as usual) by Anonymous Coward · · Score: 0

    Given a pass by whom? You're oversimplifying things if you think that anyone here is "giving IBM a pass" because they back Linux. Anyone with half a brain knows that IBM is backing Linux for pragmatic reasons and I'm fairly certain that I'm not alone in hoping they go after IBM's patents too.

    P.S. Your bias is showing

  59. One Down, Three to Go by harriet+nyborg · · Score: 3, Informative
    Put the cork back in the champagne bottle. The '517 patent is but one of four patents that are included in Microsoft's FAT Licensing Program that include:

    U.S. Patent #5,579,517

    U.S. Patent #5,745,902

    U.S. Patent #5,758,352

    U.S. Patent #6,286,013

    If Mr. Ravicher is correct and 70% of patents are revoked in re-examination, then at least one of these will survive.

  60. Re:Interoperability alone doesn't help competitors by Darren+Winsper · · Score: 1

    The ".app" system has a serious flaw; duplicated libraries. Look what happened when a flaw was discovered in GDI+'s JPEG code.

  61. Not a FINAL Rejection by Anonymous Coward · · Score: 4, Insightful
    There is a lot of dancing in the streets going on here. However, this was not a final rejection, thus Microsoft still has the opportunity to convince the Patent office that their patent should be allowed. The only thing that has happened is that the PTO has looked at the stuff that was given to them by PubPat and said that they think that PubPat has made an initial case that the patent should be rejected. Microsoft still has the opportunity to have it changed and to offer amendments that narrow the scope of the patent. I would have been EXTREMELY surprised if Microsoft did not get an initial rejection after the PTO decided to accept the reexam.

    I guess being a Patent attorney gives me a little different view on things like this.

  62. In Other News.... by Anonymous Coward · · Score: 0

    General Motors reconsiders persuing a patent on the steering wheel...

  63. Why IBM? by hrvatska · · Score: 2, Insightful

    Which useless IBM patent would you prefer they go after? Please cite why you think it is useless, and the benefit if it is overturned. Someone has to invest significant time in an effort to overturn a patent. You want to choose your targets carefully. The reason that this patent was considered important to overturn is not that it was owned by M$, but the potential impact if it wasn't.

    It almost seems as if you feel the motivation for overturning individual patents should be to go after organizations, rather than to go after bad patents that could have a significant impact if not overturned.

  64. Re:Interoperability alone doesn't help competitors by theLOUDroom · · Score: 1

    Not only that, but BeOS back then also automatically recognized new partitions, something Linux did not and still doesn't seem to do well.

    Type "cat /proc/partitions".
    Seems to work fine for me.
    If I plug in a USB disk, the new partitions will automatically show up in that list.

    --
    Life is too short to proofread.
  65. They got the Patent Nazi, I guess. by inertia187 · · Score: 1, Funny

    Patent Nazi: No patent for you, come back one year!

    --
    A programmer is a machine for converting coffee into code.
  66. Founding Fathers by niczon · · Score: 1

    Those founding fathers ruined everything when they wrote that silly constitution. They just had to stick in Article 1, Section 8, Clause 12. Everything was fine until that moment.

  67. In Other News... by diver8 · · Score: 1

    A low-carb alternative was accepted.

    --
    Check my journal for gmail invites!
  68. Don't celebrate yet by Anonymous Coward · · Score: 0, Funny

    The SCO Group has just filed for a patent on cholesterol.

    1. Re:Don't celebrate yet by manastungare · · Score: 1

      Surely you mean SCOlesterol?

  69. Units of measurement by 19thNervousBreakdown · · Score: 0

    Wouldn't it be better to measure "ugly" in ...moles?

    --
    <xml><I><am><so><damn>Web 2.0</damn></so></am></I></xml>
  70. Gross misuse of statistics by acceleriter · · Score: 1
    If Mr. Ravicher is correct and 70% of patents are revoked in re-examination, then at least one of these will survive.

    This reminds me of a story. On matriculation day at a UC campus, the chancellor said "One out of every three students here is gay. Look at the person to your left. Look at the person to your right. If they're not gay, you are."

    --

    CEE5210S The signal SIGHUP was received.

  71. PUBPAT and OSRM by tbird20d · · Score: 4, Informative
    I'll connect the dots in case people haven't been paying attention. Dan Ravicher is the head of PUBPAT. He is also affiliated with OSRM (Open Source Risk Management), the group that issued the press release about Linux patent risks.

    It's not too hard to connect the dots and see the relationship between OSRM's business model (which benefits from reduced patent risk for Linux) and PUBPAT's agenda, which is to rid the world of bogus patents.

    Since this is Slashdot, I don't expect many people will recant their negative comments about OSRM, but I hope most people recognize this as the type of work that OSRM/PUBPAT can do that will have some real positive benefits for Linux, whether you buy OSRM's insurance or not.

  72. MS in weightloss business? by Anonymous Coward · · Score: 0

    What? MS is now in the weightloss business, too?
    So is MS fat good for us, or bad?

  73. Take note by Anonymous Coward · · Score: 0

    Everybody take note if you will about the Public Patent Foundation. This group is needed without doubt.

  74. Re:Interoperability alone doesn't help competitors by resiak · · Score: 2, Informative

    I think what my grandparent meant was that, in BeOS, you stick in a new disk and, lo, it is merely a click away. (I never used BeOS for any serious length of time, so I am just guessing.) Here in Linux-land, we cat /proc/partitions, then su, then mount, then become mortal once more, then use, then su again, then umount, then go get a beer. Oh sure, we could just add /dev/sda1 to /etc/fstab, but then what happens when we want to use two USB disks? Or maybe we sometimes use a USB Zip drive? (They use partition 4, for no apparent reason.) Or maybe the USB disk lacks a partition table, so the device we should mount is /dev/sda? It's all stuff we have/had to learn, which is more than just clicking "USB Disk".

    Don't get me wrong, I'm okay with it. Just feeding the flames...

  75. Re:Interoperability alone doesn't help competitors by Pius+II. · · Score: 1

    There's an answer to that: all libraries in .apps are .frameworks. The system knows what .frameworks are available and uses the newest.
    Also, common frameworks can be stored centrally to avoid bloat due to redundant frameworks.
    Main advantage in the central storage case is easy installation: since all resources (such as headers, images, sounds or translations) are inside the framework folder, it's sufficient to drag the framework to your frameworks folder.

  76. Linux does not have to be bloated by Anonymous+Luddite · · Score: 1



    How about tiny linux

    ... a small Linux Distribution for i386 derived from SuSE 6.4. In the base version it just contains the things which are necessary to run Linux. Therefore the base package is rather small and requires approx. 7MB./SNIP

    or DSL

    .. a nearly complete desktop, including XMMS (MP3, and MPEG), FTP client, Dillo web browser, links-hacked web browser, spreadsheet, Sylpheed email, spellcheck (US Engli /SNIP

    Or go with my favourite and install just what you require...

  77. I've had FAT by dfiguero · · Score: 1

    before 1980! at least over my body so would that count as proof of previous art?? right?

    --
    My penguin ate my sig
  78. Re:Interoperability alone doesn't help competitors by TheRaven64 · · Score: 1

    Apple's .app system is based on NeXT's .app structure, which is implemented / supported by GNUStep. One of the nicest features of it is that it can contain binaries and resources for multiple platforms / architectures, allowing the same .app bundle to be used for OS X and GNUStep on multiple CPU types.

    --
    I am TheRaven on Soylent News
  79. Re:Interoperability alone doesn't help competitors by theLOUDroom · · Score: 2, Informative

    I think what my grandparent meant was that, in BeOS, you stick in a new disk and, lo, it is merely a click away. (I never used BeOS for any serious length of time, so I am just guessing.) Here in Linux-land, we cat /proc/partitions, then su, then mount, then become mortal once more, then use, then su again, then umount, then go get a beer.

    That all depends on how your distribution is configured. If you're using knoppix, for example, then the drives do automatically pop up on the desktop.

    Ask for getting a driver to mount in the same place all the time, the trick I use on my Gentoo desktop is to use a LABEL= entry instead of mounting /dev/sda1. That way the device always shows up in the same place, not matter what order you plug them in.

    I'm not saying linux is perfect, but it has a lot of capabilities people don't know about. Maybe someone will read this and go: Ah! That's the solution to my problem.

    --
    Life is too short to proofread.
  80. Stop editorializing by kylef · · Score: 3, Insightful

    Because you're an expert on the patents both companies hold, right?

    Give me a break.

    If you think software patents are stupid, then just say that. Unless you've worked at both companies and know first-hand the differences between the types of patents involved, you do not have the foundation to make your claim.

    1. Re:Stop editorializing by drinkypoo · · Score: 1

      While he cannot [likely] speak with authority on the issue, IBM is the company that brought us the STEM. They probably do more research than the next three companies their size put together. It is highly likely that if all IBM's stupid patents were struck down, they WOULD still have one of the largest patent portfolios anywhere.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Stop editorializing by jedidiah · · Score: 1

      Try reading a newspaper sometime.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    3. Re:Stop editorializing by Anonymous Coward · · Score: 0

      I agree, he should start with what some opinion pieces, some of those guys are so switched on, and the DO agree almost exactly with what you've said.

  81. I don't think it's possible to be more wrong. by Anonymous Coward · · Score: 0

    A history lesson:

    IBM builds the IBM PC-XT from (almost entirely) off the shelf parts. Decides it wants to license CP/M as the operating system. Sends lawyers to Gary Kildall (owner/developer)'s house, who wasn't there at the time. His wife refuses to sign IBM's crazy NDA. IBM is approached my Microsoft and licensed an OS (which Microsoft didn't actually have at the time). Microsoft buys QDOS (which, rumor has it, was in part ripped-off from CP/M) from Seattle Computing something-or-other, for a paltry fraction of what it's getting from IBM (and without mentioning the IBM deal at all). Microsoft rebrands QDOS MS-DOS; IBM then rebrands (their licensed version) IBM PC-DOS. Kildall's company (Digital Research) attempts to get into the market with a tweaked version of CP/M, rebranded DR-DOS (which became Novell DOS, which became Caldera DR-DOS, then fell into more or less complete obscurity, if it hadn't already been there).

    ...and now you know the whole story.

  82. Does innovation suffer? by runderwo · · Score: 3, Interesting

    I'm certain this has consequences for innovation and economic motivation, according to the dire forecasts by intellectual property holding groups (who are clearly experts on the issues involved). Can someone elucidate on what we as a society are giving up by not allowing inventors exclusive rights to their inventions?

  83. Re:Related News (butt hinge) by Anonymous Coward · · Score: 0

    Ahhh you obviously have no idea what you're reading. It's a fucking hinge.

    Ingolfke, commentary on par with George W. Bush.

  84. No, you all have it wrong! by Anonymous Coward · · Score: 0

    ITHINK~1.(WH

    Sorry, I couldn't resist. :)

  85. Patent pending: by GMFTatsujin · · Score: 1

    A method for determining average molecular energy present in escatological, theological, or purgatory-like environments tied to eternity and either removed from or integrated with the mortal realm of affairs.

  86. format /q c:\ by imAck · · Score: 1

    that's phat. err, fat. uh, FAT.

    --

    It's hard to tell the cool to chill, my favorite hotel room has a view to an ill.

  87. Re:Related News (butt hinge) by dipipanone · · Score: 1

    > An improved butt hinge is disclosed in which
    > each hinge half comprises a leaf portion formed
    > integrally with a butt strap

    I always wondered how Goatse man achieved that remarkable feat, and now we know.

    He used a butt hinge.

    > A second leaf portion mounts to each butt
    > strap after the butt straps are mounted to
    > a door and door frame

    Sounds pretty painful, but nothing worth doing comes easily.

  88. Yay! by codergeek42 · · Score: 0

    The US Patent System actually worked correctly for a change!

  89. Rewriting of lyrics should be automatic -3 Lame by Petersko · · Score: 1

    ...and automatic -5 if you can't rewrite them and keep it remotely singable.

    Such as in this case.

  90. "totally valid and legal" by brlewis · · Score: 1

    It grates on me to hear you claim that 10% of software patents are "totally valid and legal." They are in effect legal because the USPTO and certain lower court decisions validated them, but the US Supreme Court has always, always, always declared algorithms not to be statutory material for a patent. Their last word on the subject (Diehr) clearly would not allow "a competent draftsman to evade" the law about what is and isn't patentable by careful wording of the application.

    Just to be clear, the Court did not rule that all software was nonstatutory, just all software for general-purpose digital computers, since such software is in essence a mathematical algorithm. Software that doesn't clearly fall into that category (say, RISC pipelining) is rarely claimed in the patents that come up in slashdot stories, and even those aren't necessarily "totally valid and legal." The Court said legislative clarification was needed.

    1. Re:"totally valid and legal" by jonbryce · · Score: 1

      By totally valid and legal, I'm talking about a situation where the patent holder sues you for infringement, and the courts find in their favour despite you having all the money in the world available for lawyers to fight the claim. Think of a case against someone like Microsoft or IBM.

      Certainly, most cases where software patents are challenged, the case seems to go against the patent holder, but there are some that go in the patent holder's favour, and no doubt many more which aren't challenged as they know they have no hope of having it overturned.

      While algorithms may not be patentable, it appears that inventing a machine that can implement such an algorithm can potentially be patentable, and such a machine could well be a standard off the shelf computer programmed with your favourite off the shelf programming language (or assembly).

  91. Re:Mozilla rendering problem? by marsu_k · · Score: 2, Informative
    You are right, getting very offtopic, but...

    AFAIK, the latest builds of Firefox have this bug fixed (so Slashdot should render ok with 1.0 once it's out), but currently (if you want to be nicer to slash's servers) you can change the size instead of refreshing the page to get the correct layout - and if you didn't know, you can do this handily by holding down Ctrl and either pressing '+' followed by a '-', or turning the mouse wheel up and down. Voilá.

    Now as to why IE renders Slashdot better, it probably has something to do with this; IE seems to be more tolerant to bad html (whether this is a good thing is a matter of another debate).

  92. Wrong. Spaces in filenames are a GOOD thing. by GrahamCox · · Score: 1

    Sorry, but you're wrong. For the very reason you state: "...the meat of the problem is that spaces are natural language delimiters". That's why people should be able to use them in a filename. If my Mum(TM) wants to name her file "recipe for bakewell tart" then she should be free to do so; she isn't a geek and would not understand why she'd be forced to type "recipe_for_tarts" or whatever. The fact that spaces are used as delimiters in command lines is unfortunate, though arguably equally natural. That these two are incompatible is a problem to be overcome, but the solution is NOT to eliminate spaces from one or the other, but to deal with it in some other way. If one has to give, then the benefit of the doubt MUST go to the non-geek user - the geeks have the knowledge to deal with the limitations in the much narrower special case they deal with. Frankly it would be pretty easy to add something like using parentheses or quote marks to delimit a filename with spaces on a command line, and not too onerous to deal with. The obvious difficulty is the sheer volume of the legacy of NOT having done it this way years ago, since when the CLI conventions were established the geeks ran the place.

    1. Re:Wrong. Spaces in filenames are a GOOD thing. by fyngyrz · · Score: 1
      Your logic is faulty. Here's why. If your Mum wants to system files, she should be able to. Because she's a geek and would not understand why that screws everything up. Those files just use up space she could store her MP3's in, after all.

      If your Mum#153; wants pass me in a no-passing zone, she should be able to. Because she's not a skilled driver would not understand why that screws everything up.

      Computers are not, and should not be, all about "people should have whatever they want because they are God's_Glorious_Creation#153;. They need to be restricted to a set of behaviours that optimizes the environment for everybody. Just like the rest of the real world.

      There's a worse problem lurking here. Because your Mum#153; cannot be expected to learn reasonable file naming procedures, everyone else has to dumb down to her level. All of us geeks, all of the nongeeks who, unlike you Mum, can learn new things without blowing a cranial artery out, all of the children who learn new things easily and just do what they have to do because it comes easily to them. Underneath this, computer systems have to change in ways that are not minor. This, of course, causes programs to fail (which Mum#153; doesn't understand either, even though she's the reason for it in the final analysis) when programs fail, data is lost, computer controlled machines make mistakes.

      So while I hold no grudge towards your Mum#153;, I do wish that instead of declaring the world an intellectual free-fire zone for her, we had held her to a standard which didn't allow spaces. She doesn't need to understand why. She just has to do it correctly.

      --
      I've fallen off your lawn, and I can't get up.
    2. Re:Wrong. Spaces in filenames are a GOOD thing. by maxwell+demon · · Score: 1

      Your Mum will likely not deal with the file system directly, but with an application above of it (word processor, desktop environment, ...). I think it'd be a good idea for those to do certain trivial transformations on file names, unless explicitly directed not to. So if your Mum types "recipe for bakewell tart" into the save box, then the word processor scans for spaces and replaces them with underscores, so on disk the file name reads "recipe_for_bakewell_tart". Also, when the word processor lists the files she may open (in the file open dialog), it would make the opposite transformation, and display that file as "recipe for bakewell tart" again. Your Mum$tm; will likely never notice that the file has actually a slightly different name, unless she goes to the lower lever (command line, or tools explicitly targetting more basic operations with files). But then, having no spaces in the file name is actually an improvement (and it takes no guesswork to find out that the file "recipe_for_bakewell_tart" is the one which contains the recipe for bakewell tart).

      --
      The Tao of math: The numbers you can count are not the real numbers.
  93. Well be glad it isn't... by tepples · · Score: 1

    Well at least be glad that the term of a U.S. patent isn't this long.

  94. Re:Interoperability alone doesn't help competitors by tepples · · Score: 1

    Which brings us to "DLL Hell" when a framework mainainer inadvertently makes subtly incompatible changes to the framework's API semantics.

  95. Sorry. Hit submit instead of preview. Fixed text: by fyngyrz · · Score: 1
    Your logic is faulty. Here's why. If your Mum(TM) wants to format your system files, she should be able to. Because she's a geek and would not understand why that screws everything up. Those files just use up space she could store her MP3's in, after all.

    If your Mum(TM) wants to pass me in a no-passing zone, she should be able to. Because she's not a skilled driver would not understand why that screws everything up.

    Computers are not, and should not be, all about "people should have whatever they want because they are God's_Glorious_Creation(TM) or Your_Mum(TM)". They need to be restricted to a set of behaviours that optimizes the environment for everybody. Just like the rest of the real world.

    The entire idea that people should not have to learn to follow a rule because they don't understand the reason for it is specious. In this specific case, there are very good reasons for the no-space rule; therefore, it is reasonable to require, nay, force, people to follow the rule. Like not deleting system files. :)

    There's a worse problem lurking here. Because your Mum(TM), apparently, cannot be expected to learn reasonable file naming procedures, everyone else has to dumb down to her level. All of us geeks, plus all of the nongeeks who, unlike your Mum(TM), can learn new things without blowing a cranial artery out, all of the children who learn new things easily and just do what they have to do because it comes easily to them. Underneath this, computer systems have to change in ways that are not minor. This, of course, causes programs to fail (which Mum(TM) doesn't understand either, even though she's the reason for it in the final analysis) when programs fail, data is lost, computer controlled machines make mistakes.

    So while I hold no grudge towards your Mum(TM), I do wish that instead of declaring the world an intellectual free-fire zone for her, we had held her to a standard which didn't allow spaces. She doesn't need to understand why. She just has to do it correctly.

    --
    I've fallen off your lawn, and I can't get up.
  96. Re:Interoperability alone doesn't help competitors by RiffRafff · · Score: 1

    "Installing a game on Windows is easy for the average home user, but not on Linux."

    ./setup.sh

    Yeah, that was rough.

    --
    "I might have made a tactical error in not going to a physician for 20 years." -- Warren Zevon
  97. How is this +5?? by TheHonestTruth · · Score: 1
    It may surprise many to know that patent officers are often promoted on how many patents they reject, not how many they approve

    No, they get a "count" for sending the first Office Action. Then, if after the Final rejection, they get a count for a Request For Continued Examination. Then they also get a count for issuing a patent. It is in their interest to reject the patent at first, have the applicant narrow the scope of the patent, reject that, applicant narrows again, and then approve it. Which brings me to...

    What [patent lawyers will] do, is that they'll draw up revision after revision of the idea until the patent office is confused enough to grant it.

    Except the fact that all revisions have to be supported by the original specification. You can make corrections to the specification to clarify the subject matter, but you cannot add any. In fact, correcting the specification in any way other that to fix a typo is frowned upon in general and will make your patent much weaker in the event of litigation for the very reason you are citing.

    The applicants are making sure that there's no way someone who doesn't have a very thorough education in the field of the patent could understand that the idea is unpatentable.

    Complete bunk. In fact, the patent examiner will some times direct the applicant on how to amend the claims so that they are allowable over the prior art BECAUSE they see a distinguishing feature.

    You are completely full of it and it is obvious you have never prosecuted a single patent application in your life. +5? Whatever

    -truth

    --

    I had a steady B+ in my AI class until I failed the Turing test...

  98. Re:Interoperability alone doesn't help competitors by Anonymous Coward · · Score: 0

    or maybe "./setup.sh" then a input for where you want the game installed .... many linux users have no idea where programs are installed

  99. No Big Deal by ipandithurts · · Score: 1

    Here's the story. The patent is in a "Re-examination." On Sept. 16th the USPTO issued it's first non-final action in relation to this re-exam. While, it looks like the scanned dept of the USPTO messed up and only included the first page of the nineteen total pages so one can't review the sites or if it's a 102 (novel) or a 103 (non-obvious) rejection, I can tell you was a patent attorney that 99% of the time you receive a first action non-final rejection.

    It is almost like the examiner feels the need to "paper the file." What will happen next is that M$'s attorneys will respond to the action stating reasons the examiner is off of thier rocker (respectively of course).
    The examiner will either cave and allow some or all of the claims, do another search and issue yet another non-final action, or issued a final rejection.

    Now, if a final rejection is issued, it's not exactly final. M$'s attorneys will then file amendments after final, have a conference with the examiner and/or file an appeal to the USPTO Patent Board of Appeals. If THEY find for the examiner then M$ could file suit in federal court in D.C. If they find for M$ then the examiner may allow the case or simply do another search and find yet another reason to reject the patent application.

    In other words, this is just the start of a very long and boring saga.

    --

    Stop undressing me with your eyes. I'm ugly naked.
    1. Re:No Big Deal by ipandithurts · · Score: 1

      I need to correct one point. The USPTO correctly scanned the 19 pages in, I just didn't find the next page button at the top. As shown on page 4 the patent has been reject for not being non-obvious (yes, I realize that's a double negative but that is the law.)

      The examiner found that combining U.S. Pat Nos. 5,305,494 and 5,367,671. Of course while both the '494 and '671 patents were filed more than a year before M$'s patent, they were issued after the filing date of application to which M$ relates.

      So if M$ had invented their concept before the earliest filing date of a related application, they could "swear behind it" (i.e. state in an affidavit that the invented the idea before the reference's filing date) and the rejections would no longer stand.

      Alternatively, M$'s attorneys could 1.) state why the examiner's argument "doesn't hold water" (or for our southern's "that dog don't hunt") or 2.) amend the claims to avoid the references or 3) do both.

      --

      Stop undressing me with your eyes. I'm ugly naked.