(1) The incredibly long-winded transcript above deals with utility patents, not design patents. Design patents protect ornamental designs. Use a different ornamental design, and you don't infringe the design patent. Design patents don't protect functional ideas and are completely different from utility patents, which do protect any implementation of a patented idea.
(2) There is a very vocal group that doesn't like software patents because "software is different." Baloney. If I come up with a new programming language compiler, I can patent it. You don't like it, use a different compiler. If I come up with a new computerized method to automate and control a factory, I can patent it. You don't want to infringe, use a different method.
How is the difference defined...by the legal folks and the Patent office...?
I just see Software patents at the Bitlaw website....