[Mono-list] Re: [DotGNU]Re: Collaboration on alternatives to the US-patent-endangered APIs?

Rhys Weatherley rweather@zip.com.au
Sun, 12 Oct 2003 11:32:35 +1000

On Sunday 12 October 2003 09:58 am, Miguel de Icaza wrote:

> If you did such a careful study with your lawyer, would you mind
> publishing it so others can review it?

And I suppose you would just turn over internal Ximian/Novell legal advice and 
developer discussions should I ask for it?  Nice try to avoid the apology.

Anyway, from the USPTO's guidelines on patentability [1]:

    The subject matter sought to be patented must be sufficiently different
    from what has been used or described before that it may be said to be
    nonobvious to a person having ordinary skill in the area of technology
    related to the invention.  For example, the substitution of one material
    for another, or changes in size, are ordinarily not patentable.

The last sentence is the important one: "the substitution of one material for 
another".  Changing C++ in MFC into C# in Windows.Forms would seem to be 
little more than a change in "material".

Of course, we could be wrong - anything could happen once the C&D's start 
flying.  Hence the hedge-betting on Qt# and Gtk#.

I (still) await your apology.  Accusing us of being deceptive, and then asking 
that we prove your own accusation, is quite offensive.  And needless to say, 



[1] http://www.uspto.gov/web/offices/pac/doc/general/index.html#novelty