I hope they don't succeed in patenting it.
Prior art exists. For example, if you set Trillian to use transparency, and set the "always on top" option, you can manipulate objects beneath with ease.
The only innovation is the "fading" part, but on a moral basis that doesn't really qualify. Unfortunately, considering the generalised lack of common sense exhibited by the US Patents & Trademarks office, they'll probably approve it.
Incidentally, speaking of Microsoft "stealing every patent Apple has" conveniently ignores the fact that Apple's GUI (which they then proceeded to sue lots of companies over, including Microsoft) was, at the very least, "inspired" by research at Xerox PARC. If suing somebody for copying something you yourself have copied isn't hypocritical, I don't know what is.
Not that I'm against patents. Far from it. But I'm fed up of stupid patents being used as weapons by and between companies, and against third-parties (that in some cases have already implemented the idea).
People here are inclined to always forgive Apple because they percieve Apple to be a "Good Company". Lets face it: Apple Inc. is a profit-orientated organisation and as such, deep down, their behaviour can be just as bad as anybody else's.