True, it’s a patent app, not a granted patent AFAICT. It seems likely that this woulda been the tipping point for Google asking Forsley to get involved in their cold fusion project.
What is going on is a staging of the future battle zone — there is going to be the Mother Of All Patent Wars over cold fusion, bigger than what the Wright brothers went through.
Here's how you tell at a glance: Publication number ends with an "A" = application. Ends with a "B" = granted patent.