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November 01, 2012


The fact that the '403 patent was cited as relevant prior art, but then the '632 patent was still issued clearly means that whatever objections the examiner came up with were overcome by Microsoft. At least, it means that the claims in '632 are novel even in the light of '403.

It would be more worrying for Microsoft if the '403 patent were *not* cited in their '632 patent, as Surfcast could claim that they should have known about it and disclosed it to the examiner.

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