its not an issue really... I can copy any old file, rename it then the same happens... its something about that file name now.
I suspect that something has gone wrong with the update and the registry now is recording an invalid instance/entry for this file... whilst there is a reference to this file in the registry, I'm not sure what it does so have avoided deleting it as the server it is on is currenty live.
Whilst its not running with the patch, it is running... been down this road before with the updates... you end up chasing your tail as one thing breaks another until nothing works... and the backup restore is only beta still so.....