Judges Discuss Peanut Butter And Jelly In Smuckers Patent Case

[matcom]

<snip>

Three federal judges yesterday questioned whether the method for creating a crustless, peanut butter and jelly sandwich is unique.

The hearing, at the U.S. Court of Appeals for the Federal Circuit, was the latest round in J.M. Smucker Co.'s attempt to expand its patent on Uncrustables, frozen, disk-shaped peanut butter and jelly sandwiches that have been among the Orrville, Ohio, jam-maker's most successful products.

The three judges explored the difference between bread that is "smushed" versus "compressed," and pondered the idea of jelly "encapsulated" in peanut butter. One even questioned whether his wife violated Smucker's patent when she made lunch for their child.

There is no deadline for the court's decision, but lawyers in the case said it could take several months.

Smucker obtained patent rights on the sandwich in 1999, and set out to expand them with new applications before the U.S. Patent and Trademark Office. But a patent examiner handling the case rejected the company's requests. The Patent Office's appeals board upheld the decision, declaring the sealed sandwich wasn't new, and citing, among other things, a pastry cookbook that shows how to seal the edges of tarts and stuffed pasta.

http://online.wsj.com/article_email/0,,SB111282476762700081-IBjgoNglaB4mputa3uGbqyHm4,00.html

[notadmblnd]

1. Jon Stewart did a segment on this on TDS

it was pretty funny and pointed out the stupidity of giving smuckers a patent.

[Arkana]

2. This just in: No one cares about Smuckers!