German court ruling X ZR 27/07, upholding MS FAT cleverly, ace text

Below is the text, and on the left to machine translations to English, of the recent German court ruling “X ZR 27/07 ″.

The The the Main value of text versions is that we can use on-line of translator to get to approximate translation.

FEDERAL COURT OF JUSTICE
IN NAME THE OF THE PEOPLE
JUDGMENT

X ZR 27/07

Announced in:
20Th of April, 2010
More different
Justice-hired
ace in Urkundsbeamtin
the office

in the cleverly gewgaw thing

The X civil senates of the Federal Court of Justice has on the verbally negotiations from the 20Th of April, 2010 by the presiding judge crowds and the judges Gröning, Dr. Berger, Dr. Grabinski and Hoffmann

for right recognised:

On the appeal of the defendants the judgment announced on the 26Th of October, in 2006 of the 2Nd senates (gewgaw senates) of the Bundespatentgerichts is changed.

The nullity action is turned down At the expenses of the plaintiff.

For right

The fact of the more weakly:

1

The defendant is a registered owner of the European clever of 0 618 540 (quarrel of patent) which what announced on the 31Saint of March, in 1994 under claim of the priority of in the US clever application from the 1Saint of April, 1993. The quarrel clever concerns a "common storage area for long and short file names" and encloses 23 clever claims.

2

Patent claims 1, 12 and 23 have the following text in the English Verfahrenssprache:

“1. A method of operating a data processing system (10) comprising memory (16) holding companies companies in operating system (17), and a processor (12) for running the operating system (18), the method comprising:

a) storing (58, 59) in the memory (16) a ridge directory entry (18) holding companies companies a short file name for a file;

b) storing (58, 59) in the memory (16) a second directory entry (20) being associated with the ridge directory entry (18) and holding company company a long file name for the file, said long file name having more characters than said short file name, said second directory entry (20) further holding companies companies information (42) indicating the said second directory entry (20) holds said long file name; and

c) in case that the operating system (17) permits only short filenames and said information (42) is set to make said second directory entry (20) invisible to the operating system (17), locating the file by accessing said ridge directory entry (18) or, in case that the operating system (17) permits long filenames and said information (42) is set to make said second directory entry (20) visible to the operating system (17), locating the file accessing said second directory entry (20).

12. A data processing system (10), comprising:

(a) memory (16) holding companies companies:

(i) in operating system (17),
(ii) a ridge directory entry (18) holding companies companies a short file name for a file, and
(iii) a second directory entry (20) being associated with the ridge directory entry (18) and holding company company a long file name for the file, said long file name having more characters than said short file name, said second directory entry (20) further holding companies companies information (42) indicating that said second directory entry (20) holds said long file name; and

b) a processor (12) for running the operating system (17) and, in case that the operating system (17) permits only short filenames and said information (42) is set to make said second directory entry (20) invisible to the operating system (17), locating the file by accessing said ridge directory entry (18) or, in case that the operating system (17) permits long filenames and said information (42) is set to make said second directory entry (20) visible to the operating system (17), locating the file by accessing said second directory entry (20).

23. A computer readable medium having computer executable instructions adapted to enable a data processing system to perform the method of one of claims 1 to 11. 

3

In the published German translation to loud clever claims 1, 12 and 23 aces follows:

 1. Procedure encloses to the incentive of a data processing system (10) which explains a memory (16) which contains in operating system (17), ace wave ace a processor (12), that the operating system (17) and the procedure encloses:

a) To memo ream (58, 59) of the ridge cunning entry (18) which contains a short file name for a file, in the memory (16);

b) To memo ream (58, 59) of the second cunning entry (20) which is tied together with the ridge cunning entry (18) and contains a long file name for the file, in the memory (16) and the long file name has more signs than the short file name and the second cunning entry (20) of the of further information (42) contains which register that the second cunning entry (20) contains the long file name; and

c) if the operating system (17) admits only short file names and the information (42) is thus put that the second cunning entry (20) is invisible for the operating system (17), admits discovering of the file by accessing the ridge cunning entry (18), or, if the operating system (17) long file names and the information (42) is thus put that the second cunning entry (20) is visible for the operating system (17), discovering of the file by accessing the second cunning entry (20).

12. The data processing system (10) which encloses:

(a) a memory (16) which includes:

1. in operating system (17),

2. the ridge cunning entry (18) which contains a short file name for a file;

3. contains the second cunning entry (20) which is tied together with the ridge cunning entry (18) and contains a long file name for the file and the long file name has more signs than the short file name and the second cunning entry (20) of the of further information (42) which register that the second cunning entry (20) contains the long file name; and

(b) a processor (12) which explains the operating system (17) and if the operating system (17) admits only short file names and the information (42) ares thus put that the second cunning entry (20) is invisible for the operating system (17) which disco verse file by accessing the ridge cunning entry (18), or if the operating system (17) admits long file names and the information (42) is thus put that the second cunning entry (20) is visible for the operating system (17) which disco verse file by accessing the second cunning entry (20).

23. Machine-readable medium with the instructions workable from a computer which enable a data processing system to explain the procedure anuses one of the claims from 1 to 11. 

4

Concerning the of other clever claims it is expelled to the quarrel clever writing.

5

The plaintiff has applied to explain the quarrel clever for trifling. To the grounds hey has argued that B sharp object is new, arises At leases, however, for the expert in obvious manner from a standing position of the technology, and referred in this respect in particular to the "rock of Ridge Interchange Protocol", version 1, rock Ridge Technical Working Group, check 1.09 from the 24Th of July, in 1991 (appendix NK 7, German translation). Moreover, hey has appealed to the fact that the object of the quarrel clever has been revealed insufficiently clearly and completely and goes out the contents of the priority-founding registration. The defendant has walked towards the complaint.

6

The Bundespatentgericht has explained the quarrel clever with effect for the Federal Republic of Germany for trifling because, in any case, the gewgaw reason of the lacking clever ability would Be given.

7

Against this decision the defendant turns with here appeal and the application to change the judgment of the Bundespatentgerichts and to reject the complaint. Auxiliary manner defends them the quarrel clever in limited extent. Concerning the exact text of the auxiliary application reference is maggot to the meeting protocol.

8

On the other hand the plaintiff applies basically to reject the appeal of the defendants. Hey brings forward furthermore that the object of the quarrel clever goes out the contents of the original registration and is able of clever.

9

By order of the senates Prof. has qualified engineer habil. ________ S. __________, chair of informatics 4 (Distributed of system and operating of system), ___________, a written certificate refunded which hey has explained during the verbally negotiations and has complemented. Besides, a certificate of Prof. Dr. rer. nat. habil has the defendant. __________ P. ___, operating of system and Middleware, _____________ institutes of software System technology, ___________________, and the plaintiff a certificate of Prof. Dr. has.
Dr. h.c. ______ Sp. ____, chair of informatics 4, ______________, presented.

Decisive factors:

10

The allowed appeal of the defendants succeeds in the thing.

11

I. The quarrel clever concerns a procedure to the incentive of a data processing system, a data processing system and a machine-readable medium with instructions workable from a computer which allow the implementation of look a procedure to a data processing system.

12

In the quarrel clever writing it is explained that many operating of system support only short file names. For example, every file name on 11 signs is on the base of restrictions of the file system in the operating system MS-DOS, version 5.0 limited. Besides, 8 signs ares planned for the Main part and 3 signs for in enlargement, thus that a file name, for example, "EXAMPLE1. EXE” can Be. The file system uses a cunning structure in which every file shows one with here related cunning entry.

13

For the users restrictions of the name length ares impractical because describing file names must Be shortened in many cases.

14

In the quarrel clever writing it is expelled to a publication of Y.E. Gail Wang from in 1990 in whom a universally standard is introduced for the file naming to improve the software compatibility of of Ada programmes and universally file names ares fixed according to naming conventions by different operating of system. Besides, becomes anus article. 54 paragraphs 3 EPÜ the relevant European clever application 0 578 205 mentioned which describes a Mehrfach-Dateinamen-Referenzierungssystem.

15

The problem forms the base of the quarrel clever to give a procedure or a system which allows it to use files with the operating of system which admit only short file names, ace wave ace with operating of system which admit long file names.

16

To reach this, clever claim intends 1 following procedure:

1.1 Procedure encloses to the incentive of a data processing system (10) which explains a memory (16) which contains in operating system (17), ace wave ace a processor (12), that the operating system (17) and the procedure encloses:

1.2 To memo ream (58, 59) of the ridge cunning entry (18) which contains a short file name for a file, in the memory (16),

1.3 To memo ream (58, 59) of the second cunning entry (20) in the memory (16),

1.4 with the ridge cunning entry (18) is tied together, and

1.5 contains a long file name for the file which has more signs than the short file name,

And the second cunning entry contains (20) distant information (42) which of register that the second cunning entry (20) contains the long file name;

1.7 Discover to the file by accessing the ridge cunning entry (18) if the operating system (17) admits only short file names and the information (42) is thus put that the second cunning entry (20) is invisible for the operating system, or

1.8 Discover to the file by accessing the second cunning entry (20) if the operating system (17) admits long file names and the information (42) is thus put that the second cunning entry (20) is visible for the operating system (17).

17

The streitpatentgemäße procedure serves the company of a data processing system which encloses a memory and a processor and the memory contains in operating system which is explained by the processor (sign 1.1).

18

In the memory ares put on for a file a ridge one and the second cunning entry (signs 1.2 and 1.3). From the point of view of the expert with whom it concerns one or several ace a team of working of together information scientists or engineers with study the Main Focus Informatics who dispose of several years' practical experiences in the area of the system programming, (in the following always only ace "to expert" called) arises from the fact that the data processing system shows a cunning on which all files with here both names ares put down and which is implemented on B sharp part ace a file. The cunning entry enables to discover the place At which a file is stored away, and is in this respect ace the judicial expert has explained with B sharp hearing, to the table of contents of a book comparably which can Be taken on which side a certain chapter begins.

19

Anus the apprenticeship of the quarrel clever a ridge one and the second entry ares stored away in the cunning of the data processing system. Exemplarily the format of the search for ridge and second cunning entries ares performed in the figures 3a and 3B of the quarrel clever writing which ares returned in the following:

20

The ridge cunning entry contains a short name and the second cunning entry long (from more sign than the short name existing) names for (one and the seed) file (signs 1.2, 1.3 and 1.5). Ace already mentioned, the operating system MS-DOS, version 5.0 to which in the quarrel clever writing exemplarily reference is maggot allows to enclose only file name to, (including in enlargement from up to 3 signs) At fruit juice 11 signs. With this implementation example short file names ares those which enclose all together At fruit juice 11 signs, and long those which insist of more than a totally of 11 signs (cf. quarrel clever writing Rdn. 14; translation p. Section) read 4 the. If a file shows a file name of more than 11 signs and is necessary, therefore, beside the Short file name cunning entry a Long file name cunning entry, is put on a Long file name cunning entry ace wave ace a short file name Cunning entry and is provided with the long one or the short file name (cf. quarrel clever writing Rdn. 35; translation p. 10 sections 4 following; flowchart in Fig. 4, tap dances 57, 58 and 59).

21

The second cunning entry is tied together with the ridge cunning entry ("associated with"; sign 1.4). Search a linking allows it to operating of system which can admit a long file name and discover the file by accessing the second cunning entry (sign 1.8) to access information which is filed in the ridge cunning entry. Ace the judicial expert has explained in the hearing and has been confirmed by the parties, is cancelled with the linking second with the ridge file entry the need, determined the file to file concerning information (redundant) in both cunning entries. Rather it is enough to reproach with this information only in the ridge cunning entry. Since for the case that the operating system admits long names and disco verse the file, hence, by accessing the second cunning entry (cf. Sign 1.8), it can access about the linking second with the ridge cunning entry this information. Search a redundancy avoiding arrangement only of information in the ridge cunning entry simplifies the administrative expenses possibly when selbige stored, must Be updated or Be extinguished and, moreover, saves storage capacity.

22

In in the description of the quarrel clever writing explained invention-appropriate implementation example the linking occurs through the test sum byte field 44 (cf. the figure returned on top 3b) in which a test sum is stored for the short file name (72 in figure 5a) to tie together the Long file name cunning entries 20 with here suitable short file name cunning entry 18 ("to associate with") (quarrel clever writing Rdn. 31, 41, 42; translation p. 9 sections 4; see 12 paragraphs 3 and 4).

23

The second cunning entry contains information which of register that the second cunning entry shows the long file name (sign 1.6). This information needs in operating system which admits long file names and for which the information is put thus, thus that the second cunning entry is visible, thus that it can discover the file by accessing this second cunning entry (sign 1.8).

24

On the other hand the information is for in operating system which allows only short file names, thus adjustable that the second cunning entry is invisible for this. Therefore, with suitable setting the file is discovered by accessing the ridge cunning entry (sign 1.8). The setting of the information causes that in operating system which admits only short file names doze take mark of the second cunning entry.

25

In the implementation example which is revealed in the quarrel clever writing the file attributes field 42 contains which part of the second cunning entry is (cf. figure a 3B of the quarrel clever writing), which information which of register whether the second cunning entry shows the long file name. The file attributes field 42 encloses aces 5B of the quarrel clever writing arises from the in the following returned figure, a hidden bit "H", a write protected bit "R", a system bit "S" and a volume label Bit "V".

26

In a cunning entry with a long file name all four called bits of ares put in the file attributes field 42 on the value "1". The bit of Combi nation "1111" is for operating of system which admit only short file names, ace for example MS-DOS, version 5.0, disabled. Hence, for thesis operating of system the cunning entry containing the second self-long file name remains concealed; the second cunning entry is "invisible" for thesis operating of system for the purposes of the sign 1.7. However, recognise operating of system which admit long file names, on account of the bit of Combi nation "1111" in the attributes field 42 that the second cunning entry exists. Consequently for the operating of system which admit long file names the second cunning entry is "visible" for the purposes of the sign 1.6, thus that they can localise the file (quarrel clever writing Rdn under access to this. 36 following; translation p. 11, section 2 following; cf. certificate of Prof. Dr. S. __________________ p. 8 following; certificates of Prof. Dr. P. _____ p. 26; certificates of Prof. Dr. Dr. h.c. Sp. ________ p. 16 following).

27

II. The object of the clever claim 1 of the quarrel clever doze go out the contents of the registration in the originally submitted version (article. 138 paragraphs 1 C EPÜ).

28

The plaintiff points out to the fact that sign 1.6 anus which the second cunning entry contains information indicate them that the second cunning entry contains the long file name, has been added only during the ex-Yank's nation procedure. Hey takes the view that the expert could take sign 1.6 from the original registration. In the description the effect of the value "1" is explained concerning the allocation of the file attributes field 42 of the second cunning entry with the bit of Combi nation "1111" merely for every single Bit. Then later it is quietly explained that the cunning entry is "nearly invisible for easier operating of system. Nevertheless, it is no speech of the fact that the bit of Combi nation of "1111" registers that the cunning entry contains a long file name. Moreover, the expert cannot infer from the description that the bit of Combi nation wants award "1111" files names only long in the case.

29

Of the argumentation of the plaintiff cannot Be followed. Besides, it is overlooked the fact that in claim 18 ares described to the registration in the original version that the second cunning entry contains to attributes field which can Be thus bet that the second cunning entry becomes invisible and the encloses the for the putting of the attributes field to the memory of the second cunning entry furthermore, thus that the second cunning entry is invisible for the operating system ("… the second directory entry includes an attributes field which may be set to make the second directory entry invisible to the operating system and the step of storing the second directory entry further comprises the step of setting the attributes field so that the second directory entry is invisible to the operating system." ; Appendix NK 15 p. 23). Moreover, it is explained to the expert in the description in view of the flowchart in figure 5a which points to the colt of a long file name Cunning entry to necessary tap dances that in the file attributes field 42 four bits of ares included (a hidden bit "H", a write protected bit "R", a system bit "S" and a volume label Bit "V") and which meaning it has if thesis bits of ares put on "1" (appendix NK 15 p. 13, Z. 4 following). Finally, it is explained to the expert that if the bits of the file attributes field 42 (figure 5 b), ace described ares put and the ridge record cluster field 50 is put on zero, the preferential implementation form of the invention the Long file name cunning entries for the operating of system which support only short file names nearly invisibly makes (appendix NK 15 p. 14, Z. 32 following). The expert closes from it on account of B sharp specialist knowledge that the putting of the bit of Combi nation "1111" contains information in the file attributes field 42 of the Long file name cunning entry which of register that the second cunning entry contains the long file name, thus that for in operating system, the only short file name admits which is invisible the second cunning entry and the file can Be discovered by accessing the ridge cunning entry, while for in operating system which admits long file names which is visible the second cunning entry and the file can Be discovered by accessing the second cunning entry. The judicial expert has look a professional understanding in the hearing in view of the places in this respect seed being in comparison to the original version in the description of the quarrel clever (appendix NK 1 Rdn. 37 following, Rdn. 42; translation, NK 17, p. 11 sections. 3 following, p. 12 sections 4) confirms.

30

III. 1. the object of the clever claim 1 of the quarrel clever is patentable (article. 138 paragraphs 1 a, 52 EPÜ)

31

a) The object of the clever claim 1 doze refer to a programmes for data-processing of system ace those (article. 52 paragraphs 2 C, section 3 EPÜ).

32

Anus the strengthened administration of justice of the Federal Court of Justice a registration which has a computer progrief or a procedure achieved by a data processing programmes to the object, anuses the Technizität indispensable for the clever ability must contain the instructions decisive for procedure which have the solution of a concrete technical problem with technical means to the object (BGHZ 149, 68, 74 – search of faulty sign of grove C; BGHZ 159, 197, 204 – electronic payments; BGHZ 166, 305 Tz. 17 – prepaid telephones calls; Federal Supreme Court GRUR in 2009, 479 Tz. 11 – control equipment for investigation modalities). Put solution is enough in clever claim 1 of the quarrel clever under protection for thesis demands. Since this concerns the technical problem ace certain data must Be filed in a memory by data-processing of system to the access for different operating of system, and it solves by means of a certain arrangement of the memory allocation.

33

b) The object of the clever claim 1 of the quarrel clever is new (article. 54 EPÜ).

34

The rock Ridge Interchange Protocol, version 1, rock Ridge Technical Working Group, check 1.09 from the 24Th of July, in 1991 (in the following RRIP called; appendix NK 7, German translation) is in enlargement of the ISO 9660 standards which concerns a file system for CD-ROMs. CD-ROMs ares memory media which can Be described only unique (appendix NK 7 segment 2; cf. certificate Prof. Dr. S. ______________ p. 11; certificates Prof. Dr. Dr. h.c. Sp. ______ p. 9). Anus the ISO in 9660 standard the file names ares arranged in a Dateideskriptor which is put down on the cunning of the ISO file system. Dateideskriptoren anus the ISO in 9660 exist of familiarly (byte 0-31) and a variable area (from byte 32). The maximum totally length amounts to 255 bytes (certificate Prof. Dr. S. _______________ p. 12). The construction of a file entry anus the ISO in 9660 standard can Be taken from the in the following returned figure 6-29 from the sheet “ISO 9660 Extended by rock Ridge” (during the negotiations from the 26Th of October, in 2006 before the Bundespatentgericht of the defendants presented arrangement):

35

The file name Anus the ISO in 9660 standard is limited to 8 signs which 3 signs long supplement part can follow. How arises from figure 6-29, the length (including the supplement part) maximum 11 signs of long file name is defined by the immediately Lea's thing the way byte "L", while the ridge byte (Directory entry length) fixed the totally length of the Dateideskriptors.

36

The RRIP uses in the ISO in 9660 to standard intended system Use area and in it in particular the system Use field "NM" to allow the Abspeicherung of to alternative name to the user of the file POSIX system (cf. appendix NK 7 segment 4.1 and 4.1.4). Anus the RRIP no bond exists to the use of the "NM" field. If with a cunning entry the "NM" field is booked, the file name is used anus the ISO in 9660 standard (appendix NK 7 segment 4.1.4).

37

The construction of the "NM" field arises from the figure returned on top 6-29 (cf. appendix NK 7 segment 4.1.4, table 10). The ridge both bytes concern the sign result "N" and "M". The next byte gives the length of the alternative name. Anus the version number (here 1) and the flag field the alternative name which can have a maximum value of 222 bytes (255 bytes – [32 + follows 1 byte], cf. certificate Prof. Dr. S. _______________ p. 13). The RRIP teaches the expert, finally, that for discovering the file on the file name Anus the ISO in 9660 standard or the alternative file names is fall bake, depending on whether a "NM" of system Use field exists for a component of this file name (cf. appendix NK 7 segment 5.2.3). Anus the explanations of the judicial expert in the hearing finds in operating system which admits only short file names anus the ISO in 9660 standard, the file by access to the file name Anus the ISO in 9660, while to in operating system, the file name admits anus the RRIP, by the "NM" field is indicated that a long file name is stored away.

38

b) The RRIP defines to the actual support of the file POSIX system entries for the system Use area which is planned ace a part of a cunning entry anus the ISO in 9660 standard (cf. appendix NK 7 segment 2, 4.1). In particular in the RRIP the "NM" of system Use field is defined which opens the possibility to lend in 9660 intended, on in length of 8 signs plus a supplement of 3 signs restricted name – in other alternative name to the file – beside which anus the ISO which can enclose up to 222 bytes. Though with it the RRIP reveals a procedure to the incentive of a data processing system anus which a short one and a long file name is stored for (one and the seed) file. However, the short one and the long file names – like in the signs become 1.2 and 1.3/1.5 intended – in a ridge and in the second cunning entry stored, but in the (only) cunning entry. Since anuses the standard RRIP the name field is used within the scope of the cunning entry anus the ISO in 9660 to net curtain away standard correspondent short file names with the ISO in 9660, and standard intended system Use field cannot Be used in the ISO in 9660 to the storage of the "alternative", to the length restriction of the ISO 9660 standards engaged long file names. The RRIP suggests a file entry which contains a short one ace wave ace a long file name for a file what doze correspond – ace the judicial expert has confirmed with B sharp hearing – to the demands of the clever claim 1.

39

c) The other Entgegenhaltungen to which the plaintiff has come bake in the hearing any more ares of At a distance further from the object of the quarrel clever than the protrudingly treated rock Ridge Interchange Protocol. The publication already considered in the granting procedure of Y.E. Gail Wang, Ada UNIVERSAL-FILE-NAMES FOR, Ada Letters, January in 1990, Vol. 10, No. 1, p. 111-117 (appendix NK 3, German translation) and the Japanese clever application Showa 64-41039 (appendix NK 10, German translation) additional files intend on which to in existing file enlarged of attribute, ace for example a long name, can Be stored and Th reveal with it the memo ream of the ridge cunning entry which contains a short file name for a file, and the second cunning entry which shows a long file name for the file (cf. certificate Prof. Dr. S. ________________ p. 20 following, 23 and 29; certificates Prof. Dr. P. ____ p. 30, 39 and 51). The European clever 0 578 205 (appendix NK 4, German translation) describes a procedure anuses which a use-formatted file name (short name) based on a known operating system formatted file name (long name) or vice versa is generated and the names ares stored in a use entry and in operating system entry in a B tree structure and doze teach with it the storage of a long one and a short file name in a ridge one and the second cunning entry (cf. certificate Prof. Dr. S. ____________________ p. 21; certificates Prof. Dr. P. _____ p. 46 following).

40

2. The object of clever claim 1 arises for the expert in obvious manner from a standing position of the technology (article. 56 EPÜ).

41

The problem underlying to the quarrel clever to give a procedure or a system which it allows, file with operating of system which admit only short file names, ace wave ace with operating of system which admit long file names to use positioned itself to the expert in view of operating of system which had been developed At a time, ace a storage space for calculator, in particular staff calculators (staff computer) what extremely scarce and expensive, thus that the length what limited by file name, how the name Format 8.3 with the file system FAT (the file Allocation Table) which what used to the operating system including MS-DOS, version 5.0. Similar name of format have intended At that time other operating of system ace for example UNIX. Nevertheless, thesis Limitierungen were felt in the beginning of the 90see increasingly ace annoying, thus that the wish originated to give up the restrictions concerning the length of the file name with new operating of system. A file had to go by a long file name which what lent by the users, can Be addressed. Nevertheless, At the seed time what the in such a way. To guarantee Abwärtskompatibilität with the old operating of system. The files which could Be discovered by a new operating system with a long file name should Be able to Be discovered furthermore by the old operating system which admitted only one short name.

42

The solution of this problem decisively depended on the default of the respective file system. With the file system to FAT or the operating system MS-DOS, version 5.0, the difficulty lay in the fact that in the file entry no field is planned for a long file name. The system had been furnished from the out set vorwärtskompatibel. Though there is in the cunning entry to FAT beside the file name field 24 limited on the format 8/3 in aloof field 28 which begins with the pawning 0Ch and is 10 bytes long (cf. quarrel clever writing Rdn. 28; translation p. 8, section 3). Nevertheless, the memory reserve available with it is insufficient to allow the aimed name assignment widely free of restriction to the user.

43

The rock Ridge Interchange Protocol contained no suggestion going out about that for the solution of the problem for the expert. Since the RRIP suggests using available system Use area by means of the "NM" of system of field USE for the storage of in alternative long file name in the Dateideskriptor anus the ISO in 9660 to standard from the start. Space is available with a maximum length of 222 bytes enough for this alternative file name. Nevertheless, look a beginning let itself in MS-DOS, version 5.0th of Th realise because this is too small in this respect alone being considered aloof field 28 with 10 bytes and a compelling given size of the whole cunning entry of 32 bytes (cf. certificate Prof. Dr. S. ____________________ p. 9).

44

So the other Entgegenhaltungen did help the expert. The arrangement suggested there of the additional files on which enlarged of attribute can Be stored like the long file name or the storage of the short one and the long file name in a B tree structure (cf. appendi NK 3, NK 10 and NK 4), lead in another direction.

45

The expert who quietly wanted to develop in operating system which can use long file names and is At the seed time with MS-DOS, version 5.0 abwärtskompatibel had to do gymnastics away from the solutions used with other operating of system and try instead of this to create the possibility for a long file name within the scope of the file system structure FAT. For it it required the knowledge that this can Be realised by the fact that beside the cunning entry with the short file name, another or several of other cunning entries ares put on for the long file name and already in the file system structure FAT available, but yet occupied function is used to Be able to take access to a file with MS-DOS to version 5.0 under a short file name and with the following new operating of system under the long file name. This consideration what speculative from view At that time because could Be certain At the beginning of the works yet whether the file system structure FAT contained generally look a function.

46

To find out whether search a function what put on within the scope of the file system structure FAT, in particular the MS-DOS cunning entry had to Be analysed selbige and, besides what (how the judicial expert has explained in the appointment understandably), in any case, for to expert who followed this job by order of the defendants and had, therefore, access to the source code ace wave ace the documentation of MS-DOS, what possible in principle, and what excluded for to expert who did have thesis access possibilities from the start because this could disclose the information necessary in this respect by Disassemblieren of the binary coding computer language. On the base of search in analysis the expert had to develop then the image that possibly four of attribute can Be used in the attributes field by MS-DOS cunning entries in the file for system structure FAT for the called pure pose.

47

However, in this respect one of the attribute what considered for itself taken. Since a meaning what already assigned by MS-DOS in each case to thesis when the accompanying bit on the value "1" is put. In detail the hidden bit (Hidden bit), a file pretends afterwards ace "concealed", thus that this is indicated with normally search, the write protected bit (Read's Only bit) prevents that a file is headlined, the system bit (system bit) causes that the file is indicated, and contains the volume bit (Volume bit) the Bezeichner for the memory medium (cf. certificate Prof. Dr. P. S. 54).

48

Rather it required only of the other knowledge that the setting of all four called of attribute on the value "1" – the bit of Combi nation "1111" – can never seem in the normally company on MS-DOS FAT formatted medium, therefore, is disabled and leads this to the fact that the name function of all operating of system to MS-DOS including, version 5.0, the second long name doze take mark of containing file entry and is "invisible consequently for thesis operating of system for the purposes of the apprenticeship of the quarrel clever (certificate Prof. Dr. S. ____________________ p. 8; certificates Prof. Dr. P. ____ p. 54 following; certificates Prof. Dr. Dr. h.c. Sp. ____ p. 26). Hence, the bit of Combi nation "1111" what able for operating of system of the generations to MS-DOS, version 5.0 to the memory or announcements of a long file name in the second cunning entry or. to of other cunning entries ares used and furthermore the access possibility existed for the operating of system to MS-DOS, version 5.0 about the short file name of the ridge cunning entry.

49

The precalled considerations were obvious for the expert. This is valid ridge for the consideration that the access to long file names with new succession operating of system is possible to MS-DOS, version 5.0 with concurrent Abwärtskompatibilität with operating of system to MS-DOS including, version 5.0 by the arrangement of a ridge one and the second cunning entry if a function occupied yet up to now can Be found in the file system structure FAT and Be used for the setting the course between in access about the short or about the long file name. However, in addition, this is valid for discovering the bit of Combi nation "1111" aces information which makes the second long file name containing cunning entry for operating of system to MS-DOS including, version 5.0 invisibly, while in it At the seed time for operating of system of the succession generations the information read which one or several of other cunning entries exist which contain a long file name. For it there were suggestions with other operating of system At the priority time and how the judicial expert has confirmed in B sharp certificate explained (certificate Prof. Dr. S. _______________ p. 28 following) and in the appointment, this knowledge profit cannot Be looked ace a cash routine achievement about to expert.

50

IV. The order for costs is based on §121 section 2 sentence 2 PatG i. V. with §§91, 97 ZPO.

Crowds          Gröning          Berger
          Grabinski Hoffmann

Preauthorities:

Bundespatentgericht, decision from the 26.10.2006 – 2 Ni 2/05 (EU) –