A patent really doesn't mean anything unless it is defensible. Just because MS got theirs in first, it really doesn't mean that they can defend it or enforce it. The fact that the patent office rejected Apple's only means that they already had the Microsoft one on file.
Now lets say that Steve Jobs had a bar napkin that he had notorized in 1980 with a picture of an IPOD song menu, that would invalidate the MS patent and allow apple to apply for their own. The Patent office doesn't really get involved with that sort of thing. They just file them and let the patent courts figure out the rest.
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All truth passes through three stages:
First it is ridiculed
Second, it is violently opposed and
Third, it is accepted as self-evident.
ARTHUR SCHOPENHAUER (1788-1860)
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