Only set mode of new patch if the target file was removed before. If the file is writable by the user, but owned by a different user, the chmod will otherwise fail with "Operation not permitted". Additionally make very sure that the file is only written if either the number of links is <= 1 or the file was successfully removed. Maybe this minimal COW code should be replaced by something from util.

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added 1 changesets with 1 changes to 1 files
1 files updated, 0 files merged, 0 files removed, 0 files unresolved
checking changesets
checking manifests
crosschecking files in changesets and manifests
checking files
1 files, 1 changesets, 1 total revisions