Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent)

[Rahul Dhesi]

Jed Margolin <news@jmargolin.com> writes:

>> http://patft.uspto.gov/netacgi/nph-Parser?patentnumber=6,727,830

>I note that Microsoft's patent fails to list U.S. Patent 1,647 as a
>reference.

As I recall, Claim 8 in patent 1,647 tried to claim the working of the
telegraph in all media to be invented in the future.  This claim was
declared by the Supreme Court to be invalid; I believe the Court's
primary concern was that if Claim 8 were to be upheld, this would make
it a lot harder for others to claim the same thing again 160 years later
for, say, mouse clicks instead of telegraph keys.  Specifically, here is
what the Court in its wisdom wrote circa 1854:

 "If this claim can be maintained, it matters not by what process or
  machinery the result is accomplished. For ought that we now know some
  future inventor, in the onward march of science, may discover by means
  of mouse clicks, without using any part of the process or combination
  set forth in the plaintiff's specification. His invention may be less
  complicated -- less liable to get out of order -- less expensive in
  construction, and in its operation -- or perhaps much more likely to
  crash and require a three-finger salute. But yet if it is covered by
  this patent the inventor could not use it, nor the public have the
  benefit of multiple types of mouse clicks and a multitude of viruses,
  worms, and other electronic pestilence, without the permission of this
  patentee."
-- 
Rahul