prior art should be too hard to find, the whole concept of scrolling up to refresh is exactly the same concept as infinite-scrolling. if you scroll below the bottom of a list, it finds the next n older items. if you scroll above the top of a list, it finds the next n newer items. what's the difference?
There are several differences. Firstly it's only triggered when you pull past a certain threshold, and secondly it refreshes all new items - not just the ones that cover the uncovered scroll region. It's also cancellable before you reach a certain threshold, and clear feedback is given about this.
Regardless of where you stand on patents, this is certainly not the same as infinite scrolling.
There's a distinct tactile feel to the pull to refresh that is distinct from infinite-scrolling. I remember the first time I saw it, I was surprised, but understood what it meant almost immediately.
