Yes indeed, you guys are correct! Guess I never noticed since I tend to rekick with 3.9 kickstart stripped for icon.library. From viewing inside SetPatch, I see the same is also the case for Workbench.library. I apologize for my kneejerk reaction, I learnt something new today, and that is nice 
You're post makes me wonder? Do you know what all setpatch does? I know it loads the romupdate file, the icon and workbench librarys and scsi.device. What else am I missing?