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Topic: No PB+J Method Patents for Smuckers (Read 5325 times) |
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Jonathan
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Posts: 611
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No PB+J Method Patents for Smuckers
« on: Apr 11th, 2005, 8:12am » |
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In a decision that was issued last friday, the U.S. Court of Appeals for the Federal Circuit has denied J.M. Smuckers Co. petition for patents drawn to a method of making their 'uncrustable' sandwiches.
The American public can still make PB+J sandwiches with two layers of peanut butter and not worry about being sued by Smuckers for patent infringement.
More details:
http://www.businessweek.com/ap/financialnews/D89BFHG01.htm?campaign_id=a pn_home_down
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Wiscagent
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Posts: 843
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Re: No PB+J Method Patents for Smuckers
« Reply #1 on: Apr 11th, 2005, 9:02am » |
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Jonathan wrote ”The American public can still make PB+J sandwiches with two layers of peanut butter and not worry about being sued by Smuckers for patent infringement.”
Not so fast! You may wish to seek legal advice to make sure that you are not infringing US 6,004,596, Kretchman , et al. December 21, 1999, “Sealed crustless sandwich.” The first claim is:
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A sealed crustless sandwich, comprising:
a first bread layer having a first perimeter surface coplanar to a contact surface;
at least one filling of an edible food juxtaposed to said contact surface;
a second bread layer juxtaposed to said at least one filling opposite of said first bread layer, wherein said second bread layer includes a second perimeter surface similar to said first perimeter surface;
a crimped edge directly between said first perimeter surface and said second perimeter surface for sealing said at least one filling between said first bread layer and said second bread layer;
wherein a crust portion of said first bread layer and said second bread layer has been removed.
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The ‘596 patent was not involved in the CAFC decision.
Richard
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Richard Tanzer
Patent Agent
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Jonathan
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Posts: 611
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Re: No PB+J Method Patents for Smuckers
« Reply #2 on: Apr 11th, 2005, 9:29am » |
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Yes, Smuckers owns that patent apparently. I suppose we can make double-layered peanut butter and jelly sandwiches but just not sell and eat them.. 
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JimIvey
Moderator
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Posts: 2584
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Re: No PB+J Method Patents for Smuckers
« Reply #3 on: Apr 11th, 2005, 10:41am » |
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Well, since I don't crimp the two planar bread layers and remove any crust (except by eating it), I don't infringe. I'm not worried.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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Wiscagent
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Posts: 843
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Re: No PB+J Method Patents for Smuckers
« Reply #4 on: Apr 11th, 2005, 1:39pm » |
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Be careful Jim. If the Smuckers slueths catch you nibbling around the edge, then eating the middle ... you might be in trouble.
I was so concerned about infringement that I just jammed the whole sandwhich in my mouth at once. A quart of milk later, I recovered.
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Richard Tanzer
Patent Agent
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