But... If the "prior art" was Balthaser's, then why wouldn't he be able
to patent it?

I think the prior work applies to prior art done before the applicant
ever did it.

In my mind the people who file for legitimate patents are the ones who
make a proof of concept (which would become prior art) before they apply
for the patent.

I didn't read the patent application, so I don't know for sure but if he
applied in Feb '01 with prior art that he created, I think that the
system is working as it should (in this case, I still think it's
broken).

Just my .02 and definitely NOT from legal experience.

Steve



-----Original Message-----
From: Thomas Chiverton [mailto:[EMAIL PROTECTED] 
Sent: Friday, February 24, 2006 9:00 AM
To: CF-Talk
Subject: Re: U.S. Grants Patent For Broad Range Of Internet Rich
Applications


On Thursday 23 February 2006 23:56, Josh Nathanson wrote:
> Who will pay the royalties, hosting companies?  How could this be
enforced?
> Anyone with legal experience please comment...

<shrug>
IANL but there is a silly amount of prior art out there before Feb '01
(the 
filed date). There is one in the InfoWeek article from *Balthaser
himself*.

This is just another example of the mess the US patent system is in.

-- 

Tom Chiverton 
Advanced ColdFusion Programmer



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