Microsoft Beats Apple in Seeking Patent

Apple Computer Inc., whose iPod is the top-selling digital music player in the U.S., lost an attempt to patent some of the device’s technology because rival Microsoft Corp. had already filed a similar application.

Microsoft beat Apple to the patent application by five months, U.S. Patent & Trademark Office documents show. Apple’s request, filed by Chief Executive Steve Jobs and other executives in October 2002, was rejected by patent officials last month.

Apple plans to appeal the decision to ensure that it won’t be forced to pay royalties to Microsoft on every iPod sale.