"35 U.S.C. 102 Conditions for patentability; novelty and loss of right to patent. A person shall be entitled to a patent unless (a)the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent, or ... (f) he did not himself invent the subject matter sought to be patented"

Even if Tandberg were granted a patent because the USPTO missed the information provided in the post, it would not stand in court.

Such information should be communicated to the USPTO to have them kill the application during examination.

Case closed.