EarnestDD -- While I haven't spoken with a patent agent, I have spoken with more than one attorney about this. Only under certain and specific occasions would someone's work product not be protected. And I've seen nothing that would make me believe this is one of those occasions.
Work product protection laws are in place for a reason. If there were no laws to protect work product, a competitor could legally go through another company's garbage in order to steal their ideas.
You also have the argument that xynh has a certain amount of intellectual property rights. And that may very well be one of the reason xynh has yet to patent their product. Besides, they need to show proof their product is not exactly like someone else's. I would think it takes a substantial amount of time to enhance, test, and document a product before applying for a patent.
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