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[bh7377]

I had an idea for a patent but while searching through the patents db I found some one had filed a patent for a similar idea.  The idea is for software that groups things in logical order.  It could be compared similarly to the patent described in the Creative Tech vs Apple infringement case http://news.cnet.com/Apple-settles-with-Creative-for-100-million/2100-1047_3-6108901.html

Where Creative Tech patented a way to navigate a menu system for music (aka iPod interface), by first selecting the artist -> album -> song
If I wanted to do the same thing but changed the process to instead have the user select album -> artist -> song

Would I be able to make the case of it being novel based on the different process used to achieve the same results?

[JimIvey]

Any difference is different enough to be novel.  Just make sure the iPod (and any other media player) would not infringe your claim.

The next hurdle will be obviousness -- make sure the difference in your claim is not trivial.

Regards.