Can’t patent the crustless PB&J

Smuckers’ patent no. 6,004,596, which attempted to claim, inter alia: 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 […]

Smuckers’ patent no. 6,004,596, which attempted to claim, inter alia:

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.

was rejected by the Federal Circuit this week. Dennis Crouch has details in a series of three posts sufficiently comprehensive that it would be redundant for me to comment further. (Earlier posts: Jan. 30 and May 1, 2001). More: May 31.

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