How many examples do you need to prove that something existed? Isn't one enough? When you see a fossil of a dinosaur skeleton in a museum do you say 'well hang on are there any more or just one?'

And it was rejected because it was a simple descriptive term. You can't take ownership of a simple descriptive term.

Bottom line facts are: OSDI don't own it - that's a fact - and they didn't use it first - that's a fact.