What I thought was proven was that the best AF (in terms of image quality) that the NV3x could offer was the same as the best for NV25. As Xmas mentions, the NV3x aniso just seems to be significantly more configurable. From the standpoint of performance, and image quality when taking framerate into account, I think that makes it simply better.
The problem here is the way nVidia is using it and what they are calling it, not the AF capabilities themselves (as it appears they can function). There are some games (the same games where the 8500 AF is sufficient, for example, or so I presume) where the limited trilinear seems like it could offer better over all solution between the two...it is just a problem when nVidia is deciding those games instead of the user (apparently based on the criteria of boosting fps results in programs used as fps benchmarks), when they try to pass it off as full trilinear, and when such information is kept from consumers.
Also, to my understanding, their "good optimization guidelines" wouldn't have to change this behavior, because it is not unique to benchmark mode and "image quality is subjective".
For contrast, ATI's current control panel behavior (except maybe the 9600 in some of Wavey's tests?) share the 2nd fault and 3rd fault, except that the "Application Preference" option is clearly offered as well, and that sites like Beyond 3D are spreading the information. More need to do the same to continue to improve things (being less at fault than what nVidia is doing doesn't mean they aren't at fault at all), though the "Application Preference" distinction seems to be lost on atleast the 3dcenter.de article's discussion of UT2k3. They seem to propose rtool as the only way to get full trilinear for the R3xx cards is using rtool, like the only way for the NV3x for UT2k3 is using the "Anticheat scripts", which would be incorrect...then again, I don't read German well, and maybe that distinction was covered.
Of course, the other IHVs (except perhaps SiS?) don't seem to be at fault at all in this regard, though I'm not sure how many of them offer even up to 8x aniso.
Looking ahead for the NV3x...there seems to be implication that the "Application Preference" will return, but there doesn't seem to be any guarantee with regards to no application detection beahvior modification while using it. nVidia seems to consider "full trilinear on all texture stages" as "debugging aniso" and seems confortable with making "image quality" decisions...I guess we'll have to wait and see how things end up when the features are delivered (or maybe one of the beta drivers released recently show it?).