Federal Circuit Judge Admits that Family Member is Infringing PBJ Claims

IP Law Bulletin has a nice follow-up article on Smuckers’ Peanut Butter & Jelly patent appeal at the Federal Circuit.  According to their report, the judges on the panel were somewhat hostile to the applicant:

Judge Arthur Gajarsa noted that his wife often squeezes together the sides of their child’s peanut butter and jelly sandwiches to keep the filling from oozing out. “I’m afraid she might be infringing on your patent!” he said.

Smuckers is appealing the USPTO’s rejection of its patent application on its crustless sandwich making process.  Smuckers already holds one patent on the technology, but is hoping to capture a broader claim-set with this appeal.

A decision is expected within about four months.

Links:

• CBS Evening News: scroll down to ‘Peanut Butter Politics.’ (Thanks to Jonathan Krit at Emrich & Dithmar).
• WSJ Article.  (Thanks to Kevin Heller at www.TechLawAdvisor.com).