StAX Patent?

StAX (Streaming API for XML) was recently approved and implementations are starting to emerge from BEA, Oracle, and Sun, but I just noticed that a patent application has been filed by Chris Fry, an employee of BEA and the StAX spec lead at JCP (Java Community Process), on November 26 of last year.

Given that streaming XML parser implementations have been around way before that and well publicized, I am somewhat confused by this patent.  Can someone, preferably Chris, shed some light here?