[vpeters25]

This is progress, but not nearly enough. Imho we shouldn't need to dig prior art like this to protect ourselves. I think granting a patent should be the EXCEPTION, not the norm and patent examinators should aim at finding any excuse not to grant the patent instead of rubber stamp it unless they find prior art.

Right after the patent examinator decides the claim is novel it should test whether it is overly broad. For this, simply testing if the claim covers more than one implementation should save a lot of grief. If the software algorithm is described in pseudocode: rejected, in C: approved. This would allow for clean-room reverse-engineering (the claim uses C, we used java), something held as legal for ages in the non software patent world.

And before somebody argues this would make pretty much all software patents worthless: you are correct. Software should not be protected by patents since it is already protected by copyright law.