Subject matter developed by another person, which qualifies as prior art only under subsection (f) or (g) of section 102 of this title [35 USCS Sect. 102(f), (g)], shall not preclude patentability under this section where the subject matter and the claimed invention were, at the time the invention was made, owned by the same person or subject to an obligation of assignment to the same person.
"At the time the invention was made" What is obvious today, is most likely, very different than what it was when Fish and Moore were writing their patent up.
I also like the idea of having our defense team ask Judge Ward play the tutorial DVD, on a player with a processor made before our invention was made. That would be a show stopper indeed.