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Court Denies Smucker's PB&J Patent

lbmouse writes "The AP is reporting that on Friday, the U.S. Court of Appeals for the Federal Circuit rejected an effort by the Jelly & Jam maker to patent its process for making pocket peanut butter and jelly sandwiches." While the company was only trying to patent the "crimping process" used to create a specific type of mass market sandwich, they had also "...asked Albie's Foods of Gaylord, Mich., to stop producing ready-made PB&J sandwiches for a school district".

388 comments

  1. OMG! by Prophetic_Truth · · Score: 4, Funny

    There's only one way to celebrate...You know it..

    IT'S PEANUT BUTTER JELLY TIME!

    --
    time is a perception of a being's consciousness
    time is your 6th sense, the wierd ones are 7+
    1. Re:OMG! by Anonymous Coward · · Score: 0

      Oh yay, eBaumsWorld =/

    2. Re:OMG! by Anonymous Coward · · Score: 1, Funny

      Man, I think that just gave me ADD, is that possible?

    3. Re:OMG! by eexlebots · · Score: 3, Insightful

      ohh awesome ebaum, the site for ripping off other people's content and even editing out the creators/original watermarks and replacing it with a url for their shitty site!

      Hell it is still kinda
      amusing I guess

      --
      ***
    4. Re:OMG! by Anonymous Coward · · Score: 0

      I feel like I've lost 20 IQ points by watching that crap!

    5. Re:OMG! by Anonymous Coward · · Score: 0

      ...just when I got the last song out of my head.

    6. Re:OMG! by Mancat · · Score: 1

      Who the hell actually takes the time to make this crap?

      --
      hello dear sirs my name is jamesh i are india (bihar) can u guide me install red had linux 9?
    7. Re:OMG! by karniv0re · · Score: 2, Funny

      who the hell actually takes the time to make the comment "who the hell actually takes the time to make this crap?"

    8. Re:OMG! by Mancat · · Score: 2, Funny

      Who the hell actually takes the time to make the comment "who the hell actually takes the time to make the comment 'who the hell actually takes the time to make this crap?'"

      --
      hello dear sirs my name is jamesh i are india (bihar) can u guide me install red had linux 9?
    9. Re:OMG! by Keeper · · Score: 2, Insightful

      Life's too short to take the time to comment on someone commenting about a comment about who takes time to make some sort of crap.

    10. Re:OMG! by Travelsonic · · Score: 1
      ...just when I got the last song out of my head.
      This one takes the cake for me. Not food related, but very very addicting, random, and sometimes annoying. http://gprime.net/flash.php/llamasong
      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    11. Re:OMG! by evilmousse · · Score: 1


      that was at least +6 funny for ME, i bust laughing out loud at it.

      kudos, not overrated in the LEAST ^^

    12. Re:OMG! by Zorilla · · Score: 1

      I'm very partial to the baseball bat.

      --

      It would be cool if it didn't suck.
  2. dot dot dot by Anonymous Coward · · Score: 0, Troll

    what do peanut butter and jelly sandwiches have to do with my rights online?

    1. Re:dot dot dot by stephenMF · · Score: 3, Funny

      Food crumbs in the keyboard.

    2. Re:dot dot dot by Anonymous Coward · · Score: 5, Insightful
      what do peanut butter and jelly sandwiches have to do with my rights online?

      The same thing that canaries have to do with coal mines.

    3. Re:dot dot dot by Anonymous Coward · · Score: 0

      Damn straight! Food crumbs in keyboards have every right to be online, the whole of AOL's business plan is based on that.

    4. Re:dot dot dot by Anonymous Coward · · Score: 0
      Nothing -- just like a vast majority of articles in this section. This also has nothing to do with technology, but since the word "patent" is in there, it's accepted immediately.

      It appears that "Zonk" is more of an adjective than a proper noun. Welcome to Slashdot!

    5. Re:dot dot dot by Anonymous Coward · · Score: 0

      So peanut butter and jelly sandwiches die if there is no oxygen in your rights online? Just wanted to see if this was the analogy you meant.

    6. Re:dot dot dot by Anonymous Coward · · Score: 0

      More importantly, why does Slashdot attempt to tackle legal issues at all?

      This is just bait for a bunch of people to say "Well, IANAL, but ..." and then they interject their pathetic excuse for legal knowledge... AND PEOPLE ACTUALLY ACKNOWLEDGE THE COMMENT.

      The only dumber legal discussion happens over at Groklaw.

    7. Re:dot dot dot by NanoGator · · Score: 3, Funny

      "what do peanut butter and jelly sandwiches have to do with my rights online?"

      Who gives a flying fuck?

      --
      "Derp de derp."
    8. Re:dot dot dot by aichpvee · · Score: 1

      Well, IANAL, but ...

      --
      The Farewell Tour II
    9. Re:dot dot dot by Anonymous Coward · · Score: 2, Insightful

      close - if peanut butter and jellly sandwiches die (become patent encumbered), then it's time to get the fuck out of the mine (USA).

    10. Re:dot dot dot by Anonymous Coward · · Score: 0

      i own the patent to the "flying fuck"

      Im gonna sue you now for trademark enfringement!

    11. Re:dot dot dot by NanoGator · · Score: 1

      "i own the patent to the "flying fuck"

      Please. The only patent you own on fucking involves a form of automation.

      --
      "Derp de derp."
    12. Re:dot dot dot by Anonymous Coward · · Score: 0

      Who gives a flying fuck?

      Look in the yellow pages under escorts.

    13. Re:dot dot dot by Sj0 · · Score: 1

      All patents deal with technology -- it's their purpose. Just because it doesn't deal with computers doesn't change that.

      Now, in this case, the technology being patented is so absurdly outdated, the story HAD to be accepted.

      --
      It's been a long time.
    14. Re:dot dot dot by Anonymous Coward · · Score: 0

      I think most of the members of slashdot would be able to argue prior art on that one.

    15. Re:dot dot dot by chaoaretasty · · Score: 1

      [blockquote]Please. The only patent you own on fucking involves a form of automation.[/blockquote] This builds on the patents I have for a manual "fucking" implimentation. I demand you cease and desist all automated fucking related activities.

  3. What's next - patenting how Mom makes Hash Brown's by Hulkster · · Score: 5, Informative
    Maybe I can sue anyone who tries to use the technique my Mom uses for making Hash Browns?!?

    For those that don't RTFA, Smucker actually allready had a patent from 1995, but this rejection "involved two additional patents that Smucker was seeking to expand its original patent by protecting its method." I.e. they still have the original patent for their method of making a P&J sandwich, but "the company's original patent is being re-examined by the patent office."

    Hulk SMASH Celiac Disease

  4. Damn.. by shbazjinkens · · Score: 4, Funny

    There goes my chances of patenting the BLT.

    1. Re:Damn.. by Anonymous Coward · · Score: 1, Funny

      Yeah, its about 7:49:59 AM Baghdad Local Time.

    2. Re:Damn.. by Anonymous Coward · · Score: 0

      Babe, Lettuce, and Tomato?

      My apologies to David Letterman...

    3. Re:Damn.. by TheWanderingHermit · · Score: 1

      So is the babe wearing only lettuce and tomato?

      I'll buy that for a dollar.

    4. Re:Damn.. by Anonymous Coward · · Score: 0

      Babe referring to the pig, not uh... cannibalism.

    5. Re:Damn.. by fr2asbury · · Score: 1

      You can't patent the BLT, but you might be able to patent a particular way of making a BLT like bacon on both sides with the lettuce and tomato between. If Smuckers can patent the method of putting peanut butter on both halves to keep the jelly from seeping through the bread . . . A technique I've used for years.

    6. Re:Damn.. by Impy+the+Impiuos+Imp · · Score: 1

      Sorry, been there, done that.

      Also done:

      BL with no T

      B one-pounder

      BLT-with-cheese

      BLT-with-cheese-on-top-and-bottom

      BLT-with-potato-chips on the side

      BLT-with-potato-chips inside

      BLT-with-Fritos-inside

      Dang, I's hungry now...

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    7. Re:Damn.. by rishistar · · Score: 1

      Well I've just submitted my Patent Application for the TLB sandwich.

      Or is this whole thing a Total Load of Bollocks?

      --
      Professor Karmadillo Songs of Science
    8. Re:Damn.. by djdavetrouble · · Score: 1

      B one-pounder

      Wow. You are my new hero. Please tell the story of the
      Bacon one-pounder again, dad.

      --
      music lover since 1969
  5. Oh man by Anonymous Coward · · Score: 2, Funny

    There goes my patent on grilled cheese.

    1. Re:Oh man by DRWeasle · · Score: 1

      Yea, but I think I can still get a patent on PB & Mayo.

  6. In a post 9/11 world... by Anonymous Coward · · Score: 5, Funny

    In a post 9/11 world, police arrest peanut butter and jelly.

    1. Re:In a post 9/11 world... by bokane · · Score: 0, Redundant

      In Soviet Union, Peanut Butter and Jelly eat YOU!

      (Thank you, thank you. For my next number, I'll need a Beowulf cluster of peanut butter and jelly sandwiches...)

    2. Re:In a post 9/11 world... by Anonymous Coward · · Score: 0

      In Soviet Russia, peanut butter and jelly stick to YOU!

    3. Re:In a post 9/11 world... by ebrandsberg · · Score: 0

      Yes, but do they run Linux?

    4. Re:In a post 9/11 world... by tardigrades · · Score: 0, Redundant

      no no no. In Soviet Union, Sandwiches crimp you!

      --
      really bored? My blog
    5. Re:In a post 9/11 world... by the+MaD+HuNGaRIaN · · Score: 2, Funny

      No no no...

      In Soviet Russia, Crimps sandwich you!

    6. Re:In a post 9/11 world... by Anonymous Coward · · Score: 0

      Yes, yes. It is just the right time for a new Slashdot meme.

    7. Re:In a post 9/11 world... by Anonymous Coward · · Score: 0

      In Korea, only old people eat PB&J sandwiches.

    8. Re:In a post 9/11 world... by Mister+Transistor · · Score: 4, Funny

      In a post-9/11 world, peanut butter and jelly are weapons of mass digestion!

      Hmm... or...

      In an post-9/11 world, if the jelly of terrorism seeps through the bread of freedom, then the terrorists have already won!

      --
      -- You are in a maze of little, twisty passages, all different... --
    9. Re:In a post 9/11 world... by Anonymous Coward · · Score: 1, Insightful

      nobody runs linux

    10. Re:In a post 9/11 world... by Anonymous Coward · · Score: 0

      Shut the fuck up, you little trend-following brats. Learn to express yourself with original statements. Stop taking stupid statements and making them even more stupid by endlessly propogating them.

      Thanks!

    11. Re:In a post 9/11 world... by Anonymous Coward · · Score: 0

      Man, how long before we start hearing this in movie trailers?

      "In a post-9/11 world... a young boy dreams about a better life... until one day..."

    12. Re:In a post 9/11 world... by Anonymous Coward · · Score: 1, Funny
    13. Re:In a post 9/11 world... by the+MaD+HuNGaRIaN · · Score: 1

      Crimp
      n: someone who tricks or coerces men into service as sailors or soldiers

      source: WordNet ® 2.0, © 2003 Princeton University

    14. Re:In a post 9/11 world... by Anonymous Coward · · Score: 0
      through the bread of freedom
      PB&J on French bread?
    15. Re:In a post 9/11 world... by killercoder · · Score: 1

      Post 9/11 Soviet Russia peanut butter and jelly sandwiches arrest the police!! I for one welcome our smuckers overlords...... PB&J wants to be free-----new open source project launched: http://pbj.sourceforge.net

    16. Re:In a post 9/11 world... by ces · · Score: 1

      ... naked and petrified with hot grits down Natele Portman's pants.

      --
      Happy Fun Ball is for external use only.
  7. Jesus! by John+Seminal · · Score: 5, Insightful
    asked Albie's Foods of Gaylord, Mich., to stop producing ready-made PB&J sandwiches for a school district

    I am ready to join the protesters who want to destroy corporate america. The ones who go to G7 meetings and economic forums and fight the nasty police. If some asshole wants to deprive me of the right to a PB&J sandwich because they have a patent, motherfuck them. The corporations have too much power. Too many lobbyists. And the laws are getting rediculous.

    --

    Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    1. Re:Jesus! by Anonymous Coward · · Score: 0

      I would like to protest the people who can't spell RIDICULOUS. Do you pronounce it that way too? RED-iculous?

    2. Re:Jesus! by Anonymous Coward · · Score: 0

      It all makes sense, since I'm drunk!

    3. Re:Jesus! by pete6677 · · Score: 3, Insightful

      Actually this case was an example of the system working the way it's supposed to. Some company got a patent that seemed legitimate at first, they tried to enforce it in a blatantly abusive way, and the courts stopped them. I'll agree that corporations have too much power in certain situations, but this is not one of them.

    4. Re:Jesus! by mOdQuArK! · · Score: 5, Insightful
      Actually this case was an example of the system working the way it's supposed to.

      If the system was working the way it was supposed to, this patent & 90% of the others would be laughed out of the Patent Office front door.

      The fact that the _backup_ system (the U.S. Court of Appeals) managed to work in THIS ONE CASE, hardly means that the system is working the way it's supposed to.

    5. Re:Jesus! by MillionthMonkey · · Score: 3, Informative

      If the system was working the way it was supposed to, this patent & 90% of the others would be laughed out of the Patent Office front door.

      But it was. The USPTO cited ravioli as prior art. Smucker's appealed the denial of their application, and that's how it got into court.

    6. Re:Jesus! by dj245 · · Score: 1
      If the system was working the way it was supposed to, this patent & 90% of the others would be laughed out of the Patent Office front door.

      9 out of 10 are rejected. Perhaps I should patent a "Method and Apperatus for comically ejecting a patent application from a rectangular orifice"?

      --
      Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
    7. Re:Jesus! by Anonymous Coward · · Score: 0

      Actually, according TFA, 65% are accepted, so only 35% (or 3.5 out of 10) are rejected.

    8. Re:Jesus! by Anonymous Coward · · Score: 0

      Actually this case was an example of the system working the way it's supposed to.

      Run that by me again. It's legitimate to patent a peanut butter and jam sandwich?

    9. Re:Jesus! by FudRucker · · Score: 1

      some people have severe allergys to peanutbutter, severe enough that it can kill them...

      --
      Politics is Treachery, Religion is Brainwashing
    10. Re:Jesus! by antiMStroll · · Score: 1
      "..and that's how it got into court."

      That's the broken part.

    11. Re:Jesus! by Handpaper · · Score: 1
      From TFA:

      The patent office received 376,810 patent applications last year. It usually takes about two-and-a-half years for a patent to be processed. About 65 percent of all patents submitted are approved

    12. Re:Jesus! by ProfBooty · · Score: 1

      i think you lack a serious understanding of how this went to court.

      The patent application was rejected at least twice by the USPTO, and it was appealed all the way to the federal court.

      This is how the process is supposed to work, the patent applications being appealed, were not patents, but merely an applicants attempt to get a patent.

      --
      Bring back the old version of slashdot.
  8. US Army... by The+Hobo · · Score: 4, Informative

    I once saw a show on the television that said the US army already crimps PB&J sandwiches as a type of combat ration... they last for a while, apparently!

    --
    There is another kind of evil which we must fear most, and that is the indifference of good men. -- Boondock Saints
    1. Re:US Army... by Anonymous Coward · · Score: 0

      I once saw a show on the televison that said people are Soylent Green... they are tasty, apparently!

    2. Re:US Army... by plopez · · Score: 3, Interesting

      when my dad was in the army in wwII they knew when they had a long day ahead of them whenever the cooks handed out peanut butter sandwichs in the morning. Lightweight, kept well in the heat, easy to eat on the run and calorie dense.

      --
      putting the 'B' in LGBTQ+
    3. Re:US Army... by Lumpy · · Score: 2, Interesting

      not simply calorie dense, but jammed with protien and Carbs as well as vitamins and other goodies (espically if they use grape jelly or a berry based jelly). the PB&J sandwich is almost the perfect meal.

      the absolute best portable meal is a PB&J on a flour tortilla. you can roll them up tight and fit 4 of them in a ziplock space where one sandwich fits. plus they can be crushed more without damage. Excellent portable meals for hiking, climbing and hang gliding or other aspects needing portable, durable, can easily be eaten on the side of a mountian with one hand only part time.

      A buddy of mine used to bring 2 with him scuba diving... he would pop out of thew water after 20 minutes of diving and open the ziplock and eat one.. but then he was one of those guys that you go to mickey-d's with and he eats 4 bigmacs and loses weight.

      --
      Do not look at laser with remaining good eye.
  9. I don't understand.. by vrunt · · Score: 1, Redundant

    What right would Smucker's have to ask Albie's to stop making sandwiches? If someone else is already using an idea, can it still be patented? Is the U.S. Patent system really that backwards?

    1. Re:I don't understand.. by sharkb8 · · Score: 1

      THe patent office doesn't accept Food as proof of prior art. There must be something published describing how the special PB&J is made. The patent tradeoff is telling people how you made/did something inventive for a 20 year monopoly.

    2. Re:I don't understand.. by wdd1040 · · Score: 4, Informative

      Is the U.S. Patent system really that backwards?

      Yes.

      --
      wdd
    3. Re:I don't understand.. by Anonymous Coward · · Score: 0, Insightful

      As if you actually know or understand the patent system. Theres lots wrong with it, but, please, go read up on it before you go pretending you know anything at all.

    4. Re:I don't understand.. by NitsujTPU · · Score: 1

      You must be new here.

    5. Re:I don't understand.. by Anonymous Coward · · Score: 0

      aww... I love how you tried to mod yourself up.

  10. As an aussie by G-funk · · Score: 2, Informative

    I have to ask, what in the bloody hell is a "pocket" peanut butter and jam sandiwch?

    --
    Send lawyers, guns, and money!
    1. Re:As an aussie by soniCron88 · · Score: 1

      " I have to ask, what in the bloody hell is a "pocket" peanut butter and jam sandiwch?"

      It's similar to a Pocket Monster (Pokemon), but with less grissle.

    2. Re:As an aussie by Anonymous Coward · · Score: 0

      As an American, I don't know!

      But the Appellate Court said it's too much like a ravioli, and therefore not patentable.

      Some sane-ness in the world afterall!!

    3. Re:As an aussie by QuantumG · · Score: 1

      pocket bread? Beats the hell out of me, I'm aussie too :)

      --
      How we know is more important than what we know.
    4. Re:As an aussie by MillionthMonkey · · Score: 1

      I have to ask, what in the bloody hell is a "pocket" peanut butter and jam sandiwch?

      Nonobvious, I guess.

    5. Re:As an aussie by Anonymous Coward · · Score: 0

      If you had read the second paragraph of the article, you'd know. You didn't, so you don't.

    6. Re:As an aussie by NitsujTPU · · Score: 2, Informative

      Smuckers sells PB&J sandwiches that are little round circles. The circles look like they are made by a process involving 2 pieces of bread thusly, but I really don't know the process:

      1) Take 2 slices of bread
      2) Dollop PB&J in the center
      3) Put a ring on top, and one on bottom, smash the rings together crushing the dough into a crimped solid bit of dough.


      Heres a product link

    7. Re:As an aussie by orangepeel · · Score: 1

      Well, here's one way to make them. Imagine two slices of bread with peanut butter and jelly (also known as jam) in between, then using something like what's featured at that link to press and heat the outer edges of the bread slices together -- sealing the filling inside.

      I'm sure there are other ways of making pocket sandwiches (including ways that don't involve buying hardware), but they can't be all that different.

      (Now watch as someone proves me wrong.)

      --
      Whoever designed level 61 in Frozen Bubble is a sadistic bastard.
    8. Re:As an aussie by kfg · · Score: 4, Funny

      (Now watch as someone proves me wrong.)

      Yeah, they can be a PITA like that.

      KFG

    9. Re:As an aussie by lightknight · · Score: 1, Funny

      It seems like a really stupid patent, until you try those sandwiches. They are GOOD. For someone who doesn't like to spend a lot of time cooking (or in the case of the PBJ, getting the components together), and also as a guy who never got over the whole crusts thing (hate them, cut them off, always), this thing is a godsend. Laugh all you like, but try one first.

      --
      I am John Hurt.
    10. Re:As an aussie by pipingguy · · Score: 1


      That reminds me: if I pureed a bunch of PETA people and served them up in a PITA, would I be a PITA or just in jail?

    11. Re:As an aussie by dangitman · · Score: 1
      I have to ask, what in the bloody hell is a "pocket" peanut butter and jam sandiwch?

      It's an abomination that should be wiped out from the face of the Earth, in the name of humanity. When the revolution comes, the pocket-peanut-butter-and-jelly-sandwich manufacturers will be the first with their backs against the wall.

      --
      ... and then they built the supercollider.
    12. Re:As an aussie by hunterx11 · · Score: 1

      I imagine it is similar in texture to the mucous of the marsupial pouches for which Australia is so well known.

      --
      English is easier said than done.
    13. Re:As an aussie by Short+Circuit · · Score: 1

      FYI: I just got this 32-DVD edition of English Wikipedia in the mail, postmarked about 20 years from now. (Dunno why they sent me DVDs, though. A Hi-Speed USB mass storage device would have been much more convenient.)

      Turns out they're listed as "A bunch of mindless jerks who were first against the wall when the revolution came."

      Wonder what that means...

    14. Re:As an aussie by some+guy+I+know · · Score: 1
      jelly (also known as jam)
      Jelly and jam are two different things.
      Jelly has all of the pulp, seeds, etc., removed (it's strained), whereas jam does not.
      For example, really really good strawberry jam has big chunks of strawberries in it (it's lumpy), but strawberry jelly has only the "juice".
      Also, jelly tends to be transparent or translucent, whereas jam tends to be opaque.
      And jelly usually has sugar (or high fructose corn syrup) and other things added (concentrated apple juice, etc.), whereas jam is less likely to have these things (or, if it does have them, it has a smaller percentage of them).

      So jelly and jam are two different things.
      --
      Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
    15. Re:As an aussie by Anonymous Coward · · Score: 0

      You fucking sonabitch. I patented that last year, you goddamn bastard. Expect a bill, a summons, and a mouldy piece of airline pizza.

    16. Re:As an aussie by Greyfox · · Score: 1
      They may be good but that's not really the point. The point is they been being good that way since at least the 60's and probably long before that. Seeing as how it's just a modification on a French pie, I wouldn't be surprised to find that this method of sandwitch making has been around for almost as long as sandwitch making itself.

      Whether you make them yourself (As I'd be inclined to) or buy 'em pre-made (as you would) I bet they'd be tasty deep fried, too.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    17. Re:As an aussie by mrchaotica · · Score: 1

      Ooh! Now tell us how both are different from "preserves!"

      And what about marmalade?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    18. Re:As an aussie by lightknight · · Score: 1

      "I bet they'd be tasty deep fried, too"

      And now I am curious. Is it possible to combine my love of a crustless PBJ and deep-frying? I've heard of twinkies being deep-fried...

      Thanks, I just found a new weekend project. ;)

      --
      I am John Hurt.
    19. Re:As an aussie by dangitman · · Score: 1
      FYI: I just got this 32-DVD edition of English Wikipedia in the mail,

      Don't you mean Galactipedia?

      --
      ... and then they built the supercollider.
    20. Re:As an aussie by Greyfox · · Score: 1
      Bread tends to react very well to being fried. It can't possibly be healthy but it could be pretty tasty. It might work well with an egg batter too. Hmm damn, now I'm gonna have to try it this weekend heh heh heh.

      Let me know how your results turn out :-)

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    21. Re:As an aussie by Anonymous Coward · · Score: 0

      Mmmmmmm pikasandwich.

    22. Re:As an aussie by Anonymous Coward · · Score: 0

      probably tastes like marshmallows.. mmmmm

    23. Re:As an aussie by Hungry+Admin · · Score: 1

      The crusts are where the best flavor is.

      --
      Be who you are and say what you feel, because the people who mind don't matter, and the people who matter don't mind.
    24. Re:As an aussie by Anonymous Coward · · Score: 0

      i agree, there's alot of flavor in the crusts of my underwear also.

    25. Re:As an aussie by Anonymous Coward · · Score: 0

      And now I am curious. Is it possible to combine my love of a crustless PBJ and deep-frying? I've heard of twinkies being deep-fried...

      If it's possible to deep-fry something, then it's already been done in Scotland. And even if it isn't.

      I wonder if anyone's tried battering and deep-frying a bottle of Irn Bru?

      Obdisclaimer: I am a Scot, so can say what I like about the Scottish diet. :-P

    26. Re:As an aussie by Short+Circuit · · Score: 1

      I'm just suprised nobody else got the joke. :)

  11. Trouble by soniCron88 · · Score: 5, Funny

    And you'd really get into trouble if you tried to make PB&J's with $2 bills...

    1. Re:Trouble by Anonymous Coward · · Score: 0
      And you'd really get into trouble if you tried to make PB&J's with $2 bills...

      Yeah because eating money isn't very nutritious.

    2. Re:Trouble by destroyingworld · · Score: 1

      He was referring to a /. story from earlier today...

    3. Re:Trouble by destroyingworld · · Score: 1

      He/She (don't know the gp's gender)

    4. Re:Trouble by Anonymous Coward · · Score: 0

      my cat just coughed up a hairball

  12. Thank You! Thank You! by orson_of_fort_worth · · Score: 2, Funny

    Once again the U.S. Court of Appeals for the Federal Circuit has struck a blow for our rights online. We can email each other peanut butter and jelly sanwiches without fear of lawsuits.

    1. Re:Thank You! Thank You! by MillionthMonkey · · Score: 3, Funny

      Once again the U.S. Court of Appeals for the Federal Circuit has struck a blow for our rights online. We can email each other peanut butter and jelly sanwiches without fear of lawsuits.

      This just goes to show how liberal activist judges are legislating from the bench. How would a real judge- like Judge Scalia- handle this? He knows the Constitution is a "dead document", and would have invoked the original intent of the framers.

      Peanut butter didn't even exist until 1890. The original framers of the Constitution lived in the 1790s and would have been completely befuddled by the creamy tasty goodness of a peanut butter and jelly sandwich. Ergo, it is nonobvious, patentable, and the court was unjustified in rejecting Smuckers' efforts to patent the device.

  13. Ok, so what about by peter1 · · Score: 0

    a patent on a PB&J with the crust? Has the Patent Office ruled on that, or is this my one chance to sue every person that eats a sandwitch with a crust?

    1. Re:Ok, so what about by MillionthMonkey · · Score: 1

      a patent on a PB&J with the crust? Has the Patent Office ruled on that, or is this my one chance to sue every person that eats a sandwitch with a crust?

      No. Not people who eat a sandwich with a crust. But people who manufacture or consume ravioli would be in for a surprise.

  14. Slow news day... by Anonymous Coward · · Score: 4, Funny

    What's for lunch?

    1. Re:Slow news day... by kfg · · Score: 1

      " What's for lunch?"

      Spam.

      KFG

    2. Re:Slow news day... by Anonymous Coward · · Score: 0

      > What's for lunch?

      KFG

  15. Oh crap by Anonymous Coward · · Score: 0

    I guess my apple pie patent will be denied too.

  16. PB&J vs. Technology by A+Boy+and+His+Blob · · Score: 5, Insightful

    I don't see what the big interest with this case is. I think the only reason it is getting as much publicity as it is, is because the general public actually understands the patent. The prior art is clear: ravioli, pierogies, pirags, etc.

    There are software patents being passed that are 100 times more ridiculous than this, yet you don't hear much about it outside of Slashdot or some short blurb in the tech section of the NYT.

    Most of these software patents are just as absurd as patenting a method of making a PB&J sandwich, often worse. A "System and method for creating, processing and managing educational content within and between schools," I mean come on, or a "method and system for processing input from a command line interface."

    I wish the general public would realize the ramifications of software patents like these. It is essentially re-patenting the wheel.

    1. Re:PB&J vs. Technology by Anonymous Coward · · Score: 0

      The prior art is clear: ravioli, pierogies, pirags, etc.

      uh.. this is /. how about HOT POCKETS ?!!?!?!

    2. Re:PB&J vs. Technology by ConceptJunkie · · Score: 2, Insightful

      It will get noticed when some company that exists only to snatch up patents and then litigate over them (like Immersion) manages to get ahold of a patent for something like the hyperlink or the for-loop or something and tries to grind the whole U.S. economy to a halt.

      In other words, no one is going to fix until we get the USPTO-induced equivalent of flying airplanes into buildings.

      After all, Congress is too busy roadblocking each other over judicial nominees or debating back and forth to decide if Social Security will self-destuct in 2020 or 2025, and how much of the U.S. economy it will take down with it.

      --
      You are in a maze of twisty little passages, all alike.
    3. Re:PB&J vs. Technology by GerbilSoft · · Score: 2, Interesting

      It is essentially re-patenting the wheel.

      Already been done.

    4. Re:PB&J vs. Technology by ErikRed1488 · · Score: 1
      It will get noticed when some company that exists only to snatch up patents and then litigate over them (like Immersion) manages to get ahold of a patent for something like the hyperlink

      You mean something like this? That was a while ago, but I don't think many people outside of the geek community noticed.

      --
      I was not touched there by an angel.
    5. Re:PB&J vs. Technology by ConceptJunkie · · Score: 1

      Your URL is, um, a little weird. Are you referring to the story about BT? That's exactly what I was remembering.

      It's going to happen. The USPTO is a joke, and I can't understand why no one (outside of us pimply-faced mouse-jockeys) seems to care. Kinda like immigration, judges single-handedly rewriting our Constitution, the pending economic problems, ecological problems, Social Security, tax reform, and a hundred other issues that no one seems to want to fix (address maybe but not fix).

      9/11 was a big blow to our country, but 4 years later and the vast majority of us are significantly worse off in the long run. With many of these other things, that might not be the case.

      It's just like the Terry Schiavo case (not to start an argument here), but if the Republicans had really wanted to stop it, they could have. As I understand it, the governor and President both had the Constitutional wherewithal to stop it. But I guess that was too much work, and making a big show of it was all they intended to do. And I usually support these guys.

      What we need is a third party that is not impotent or run by fruitcakes or egomaniacs (or as is usually the case, all 3).

      --
      You are in a maze of twisty little passages, all alike.
    6. Re:PB&J vs. Technology by Jedikahuna · · Score: 1

      This is why these type of lawsuits need to be published and how PB&J links to Technology. If people see these type of lawsuits than maybe it will Open the non-geek eye to things like Micro$oft's patten on the word "Window"

      --
      Peace, Love, And Oreo cookies
    7. Re:PB&J vs. Technology by ConceptJunkie · · Score: 1

      At least Microsoft actually invents things (lets leave the idea aside that patents on algorithms or methods of doing business are absurd to begin with), some of these companies exist solely to screw other companies by taking advantage of a flawed system.

      If Congress cared, maybe something would be fixed. Of course, Congress can fix anything it wants and the judges just overthrow it anyway. I feel like our government has moved from the rock-solid foundation of our Constitution to the quicksand of deconstructionist philosophies and mercurial reinterpretations of simple and plain language.

      --
      You are in a maze of twisty little passages, all alike.
    8. Re:PB&J vs. Technology by Tassach · · Score: 1
      As I understand it, the governor and President both had the Constitutional wherewithal to stop it
      You understand wrong. Neither the president nor a governer has any Constitutional authority to intervene in a private medical decision or to override a court ruling. I defy anyone to quote the section of the Constitution which grants them this authority.

      If she were sentenced to be executed, then yes, the president or the governer could stay the execution. That was not the case here -- her husband and the court-appointed guardian ad ligtem decided that it would be her wish to not be kept alive by artificial means, and the courts agreed. Her parents -- WHO HAD NO LEGAL STANDING WHATSOEVER TO DETERMINE HER COURSE OF TREATMENT -- objected to this and created a media circus.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    9. Re:PB&J vs. Technology by ConceptJunkie · · Score: 1

      This is because it was clear there was a conflict of interest on the husband's and his lawyer's part, demonstrable that there was prejudice on the part of Judge Greer, and arguable that feeding is life support, despite what the Supreme Court says (They've never made a mistake... (*cough*Dred Scott*cough*). Babies who aren't being breastfed are fed no less artificially. Neither is someone on an IV.

      I understand that the parents had no legal standing, but they certainly had a moral standing. If one tenth of what I've heard and read about the case is true (affadavits, doctor reports, etc, not innuendo and rumors, although those hardly appear out of a vacuum) then there was plenty of reason to review the case de novo. This case would have gone much differently if the parents, based on very bad counsel, had not affirmed years ago that she was in a PVS. If you ask me, people in a PVS don't talk, yet Terri's caregivers gave affadivits that she would talk. Yes, talk. Maybe only a word or two, like "Mommy" or "Help Me", in addition to significant other non-verbal communication. But that level of conversation was enough for Bernstein to write an entire book about CIA Director Casey, so I think it's reasonable to conclude it is evidence against the idea that all brain function had ceased.

      The irony of this whole case was that if you accept all of the above, how can you justify the judge forbidding attempts to feed or hydrate her normally. Even if I accept all the twisted logic and shaky justifications for withholding a feeding tube, there can nothing behind the decision but a sheer desire to kill. If she could eat and drink, even with a tube through her nose, would it still have been "right" to kill her? This is not a moot point. Terri's gone, but this is being repeated thousands of times over, and no one, particularly those who claim to be in support of the helpless and downtrodden (*cough*Democrats*cough*) by and large seems to be raising a finger in their defense.

      Apparently denial of life and liberty without due process, especially in light of new and exonorating evidence (i.e., the new classification of minimal consciousness, etc) doesn't apply to people who are simply declared to be not human, as I have seen argued in this case. We've seen this before. It is the justification behind every instance of genocide ever committed by mankind. If we can arbitrarily decide who is human and who is not, then we cannot ever be guilty of acting inhumanely. I thought our society had gotten past that point. I guess I was wrong. I guess "Life unworthy of life" can be found in the United States too.

      --
      You are in a maze of twisty little passages, all alike.
  17. With a name like Smucker's by Anonymous Coward · · Score: 4, Funny

    ...it has to be fraud.

    1. Re:With a name like Smucker's by Anonymous Coward · · Score: 0

      Damnit, I'm out of mod points.

    2. Re:With a name like Smucker's by zifferent · · Score: 1

      Actually, it's funny that you mention that. The original name of the family that started Smuckers was Smokers, but for some reason they didn't think "Smoker's Jelly" would sell very well.

      I wonder why. *HACK* *COUGH* *SPIT* Yummmm!!!

      --
      cat sig > /dev/null
  18. ob old commercial by daeley · · Score: 5, Insightful

    With a name like Smucker's, it has to be, uh, patent pending.

    --
    I watched C-beams glitter in the dark near the Tannhauser gate.
    1. Re:ob old commercial by John+Seminal · · Score: 5, Insightful
      With a name like Smucker's, it has to be, uh, patent pending.

      ROFL. If I had mod points, I would mod that insightful. LOL.

      Seriously, we need to do something about patent law. It is getting to be a joke. I remember when anyone could work on their car. I bet in 5-10 years there will be systems that GM and Ford and Toyota will patent so only they can fix it, and charge much more money. People joke about patents to blow jobs. Wait til you get a sunshine job, and the bill.

      When did patent law become a way to make a monopoly?

      --

      Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    2. Re:ob old commercial by soft_guy · · Score: 4, Insightful

      When did patent law become a way to make a monopoly?

      That was always the point. When you file a patent, you share your idea in exchange for a monopoly for a limited time. The problem is that the patent office is being bombarded by applications so they just figure "grant everything and let the courts sort it out". The problem with that is that it allows deep pocket companies to bully anyone they want by filing for ridiculous patents.

      --
      Avoid Missing Ball for High Score
    3. Re:ob old commercial by Anonymous Coward · · Score: 0

      Seriously, what do you yourself plan on doing about changing the patent laws? and will you keep us abreast of your progress?

      Otherwise, please remove the thin mask of pretend-activism and join back the large line of those that get fashionably mad but settle at taking it in the ass.

    4. Re:ob old commercial by Anonymous Coward · · Score: 0

      lets rethink this. currently cars are mostly mechanical and anyone can do car work on them. this isn't going to change. if your control arm craps out in the middle of nowhere, you will still be able to fix it (unless there is a magical revolution in suspension products that will make this an indestructible part) 10-15 years down the line. they may stop other vendors from making control arms and you'd be forced to buy from ford or toyota, but that would drastically increase the price (heck, ford INTRODUCED the idea of buying from vendors to lower car production costs and increasing profits).

    5. Re:ob old commercial by Atario · · Score: 1

      If I had any mod points right now, you'd get one from me just for calling something that's ridiculous ridiculous, and simultaneously spelling ridiculous correctly.

      +1, Correctly Spelled

      Oh, how my expectations have lowered...

      --
      "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
  19. "Uncrustables" by jangobongo · · Score: 3, Informative

    Smuckers has a picture of them here.

    Apparently they are found in the frozen foods aisle of the grocery store as the the page says, "All you do is thaw and serve."

    --

    Sig cancelled due to lack of interest
    1. Re:"Uncrustables" by Caseyscrib · · Score: 4, Interesting
      Those things aren't very healthy. They are high in sodium (260mg), as most prepackaged foods are. You're much better off making a PBJ from scratch. The regular jar of Smuckers Jelly has 0mg sodium in it.

      And FYI, we should be getting about 500-2400mg of sodium a day, but the average American consumes something like 3000-6000mg per day, because we eat so much prepackaged food.

    2. Re:"Uncrustables" by Mister+Transistor · · Score: 2, Funny

      Not to mention the name would be more appropriate for a brand of underwear!

      --
      -- You are in a maze of little, twisty passages, all different... --
    3. Re:"Uncrustables" by Anonymous Coward · · Score: 0
      Apparently they are found in the frozen foods aisle of the grocery store as the the page says, "All you do is thaw and serve."

      What group of people is this product targeted at? People who think it's just too damned difficult to make a peanut butter and jelly sandwich?!
      *sigh*

  20. Smuckers Uncrustables by havaloc · · Score: 0, Redundant

    For people who don't like crust. Smucker's Uncrustables

    1. Re:Smuckers Uncrustables by Anonymous Coward · · Score: 0

      Maybe I'm missing the joke here, but THAT IS WHAT THIS WHOLE ARTICLE IS ABOUT. Sheesh. ;P

  21. next thing you know by b17bmbr · · Score: 4, Funny

    somebody will patent blow jobs, then my wife will have alegal excuse.

    --
    My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
    1. Re:next thing you know by ShyGuy91284 · · Score: 0

      Wife? Egads, they do exist for the slashdot crowd....

      --
      In undeveloped countries, the consumer controls the market. In capitalist America, the market controls you.
    2. Re:next thing you know by Anonymous Coward · · Score: 0

      I think you will have an easy time providing prior, uh, "art."

    3. Re:next thing you know by NanoGator · · Score: 3, Funny

      "somebody will patent blow jobs, then my wife will have alegal excuse."

      She hasn't tried the "I don't have a business license" excuse yet?

      --
      "Derp de derp."
    4. Re:next thing you know by Anonymous Coward · · Score: 0

      I have heard that in some states oral sex is covered by sodomy laws, so depending on where you live she might already have that excuse.

    5. Re:next thing you know by DarkTempes · · Score: 1

      in some states she already does have a legal excuse.

      many states outlaw sodomy, which is defined as basically any sex other than standard vaginal intercourse which is mostly oral and anal sex. Of course said laws never hold up in the court, but that doesn't mean they don't exist...

    6. Re:next thing you know by Anonymous Coward · · Score: 0

      Only if she's selling them.

    7. Re:next thing you know by iamnotanumber6 · · Score: 1

      a blowjob isn't sodomy - i think they've got that ass-backwards...

    8. Re:next thing you know by DarkTempes · · Score: 1

      http://dictionary.reference.com/search?q=sodomy

      sodomy
      n.
      Any of various forms of sexual intercourse held to be unnatural or abnormal, especially anal intercourse or bestiality.

      which can be a blowjob dear fellow.

    9. Re:next thing you know by iamnotanumber6 · · Score: 1

      jeez, this is the third time in three days i've posted a joke, only to have some idiot quote the dictionary to me or point out my grammar mistakes.

      is slashdot full of nothing but humourless pedants?

      ok, so according to the dictionary sodomy could include oral sex, but at least where i'm from that's not the common usage. if you don't believe me just go into your local adult video store and see what the people on the "sodomy" tapes are doing...

    10. Re:next thing you know by KnightStalker · · Score: 1

      Actually, you mean 'no one' but humourless pedants.

      (Couldn't resist...)

      --
      * And remember, it's spelled N-e-t-s-c-a-p-e, but it's pronounced "Mozilla."
    11. Re:next thing you know by Tassach · · Score: 1
      Sodomy laws, while still on the books in a few bass-ackwards states, have been universally held to be unconstitutional when applied to any consentual, non-commercial heterosexual act performed in private.

      In those circuits which haven't overturned their sodomy laws yet, the laws are on the books but are basically unenforcable. This is because there is such a mass of precedent that any attempt to bring a case to trial would almost certianly result in the law being struck down . So we have the insane situation where the bible-thumpers get to keep their unconstitutional law as long as they don't actually try to use it against anyone.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
  22. The article, with my analysis... by John+Seminal · · Score: 4, Funny
    Smucker's 2-ounce peanut butter and jelly pockets come in two flavors -- strawberry and grape -- and are enclosed without a crust using a crimping method that the Orrville, Ohio, company says is one of a kind and should be protected from duplication by federal law.

    One of a kind way to make PB&J sandwiches. I hate to tell these asshats, I was making PB and Strawberry sandwiches for ages. When I was younger I used to cut the edge of the bread off, but today I need the extra fiber.

    Maybe I should patent that I whipe my ass with the paper going upwards and not downwards. Who knows, maybe I am the only one who knows how to whipe an ass.

    Patent examiners at the U.S. Patent and Trademark Office disagreed, saying the crimped edges are similar to making ravioli or a pie crust.

    Fuck, here comes Chef Boy-R-D and his patent lawyers. Someone tell that 90 year old woman she is no longer lawfully allowed to make her family dinner.

    Smucker asked Albie's Foods of Gaylord, Mich., to stop producing ready-made PB&J sandwiches for a school district, but the food manufacturer went to a federal judge in 2001 and then the patent office to invalidate Smucker's original patent. Albie's was "caught off guard, literally, because they didn't think you could patent a peanut butter and jelly sandwich," said the company's lawyer, Kevin Heinl.

    Can my girlfriend patent the blow job? She is damn good. She swirls her tounge, head down, but the eyes looking up like a puppy dog. Like "oh dear daddy, I love you". Just like that. Nobody else does it like her. I'd like to get a nickle everytime your girlfriend gives you a blow job.

    The patent office received 376,810 patent applications last year. It usually takes about two-and-a-half years for a patent to be processed. About 65 percent of all patents submitted are approved, Quinn said.

    There were over 200,000 patents approved last year? Sweet Jesus. I really should get around to a but whipe patent.

    "Very few patents are what one would call a 'pioneer patent,' meaning that the inventor discovered something very, very new that has never been discovered before," she said. "Most patents are given to changes to existing technology."

    I'll dip the toilet paper in water. That's it.

    "We bought a unique idea for making an everyday item more convenient (and) made a significant investment in the idea and in developing the innovative manufacturing technology that makes Uncrustables so easy to use," the company said.

    I wonder how this ruling will effect the Pop Tart corporation?

    Smucker's stock price fell 30 cents on Friday to close at $49.67 on the New York Stock Exchange.

    I can hear Gordon Gekko yelling "Bud FOX, Damn you!". I wish we knew how this PB&J thing really played out.

    --

    Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    1. Re:The article, with my analysis... by Anonymous Coward · · Score: 0

      "Who knows, maybe I am the only one who knows how to whipe an ass."

      You probably are, unless that's simply a misspelling.

      But hey, keep posting. With enough practice you might actually graduate from high school one day.

    2. Re:The article, with my analysis... by John+Seminal · · Score: 1
      Braindead hippy gets modded up on Slashdot, news at 11.

      I only deal with the facts, sir.

      This reminds me of two people I knew in highschool. One went to an Ivy League university and then to Yale Law School. The other went to community college, then the state U, then the U of Law School. The Yale lawyer could tell you the rights and responsibilities of a banana. The U of Lawyer was a pit bull. Plus, he could hold down his beer. Wanna guess who I would hire if I needed a laywer?

      But you toast your friends with your hard apple cider. Non-alcoholic of course.

      --

      Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    3. Re:The article, with my analysis... by John+Seminal · · Score: 1
      You probably are, unless that's simply a misspelling. But hey, keep posting. With enough practice you might actually graduate from high school one day.

      I hate the spelling Nazi's.

      --

      Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    4. Re:The article, with my analysis... by Anonymous Coward · · Score: 0
      "Can my girlfriend patent the blow job? She is damn good. She swirls her tounge, head down, but the eyes looking up like a puppy dog. Like "oh dear daddy, I love you". Just like that. Nobody else does it like her. I'd like to get a nickle everytime your girlfriend gives you a blow job."


      If my wife gave me one like that, I'd be happy to pay you.

    5. Re:The article, with my analysis... by QuantumG · · Score: 1

      I was refering to the fact that you seem to think that because person A was making product X before person B invented process Z to make product X that for some reason process Z couldn't not be patented. Which is simply false.

      --
      How we know is more important than what we know.
    6. Re:The article, with my analysis... by ConceptJunkie · · Score: 4, Funny

      You should probably also hate the improper-use-of-apostrophe Nazis too.

      --
      You are in a maze of twisty little passages, all alike.
    7. Re:The article, with my analysis... by Anonymous Coward · · Score: 0

      Pffft! You'll fail miserably as an American patent lawyer. Look...

      You DO NOT patent ass-wiping, why blow so much money on such a restrictive patent? You patent "a method to wipe stuff", then you can sue not only North-Americans who go to the bathroom, but also restaurant wait-staff, window-washers, people with a cold... everybody!

    8. Re:The article, with my analysis... by Anonymous Coward · · Score: 0
      I hate people who use apostrophes to make plurals. I always get the feeling that their keyboard's apostrophe key must be fading quicker than the rest.

      Seriously, English is a messed up language, but just slapping an "s" on the end of a word to make a plural is pretty simple, how can you manage to fuck that up?

    9. Re:The article, with my analysis... by YrWrstNtmr · · Score: 1
      I'd like to get a nickle everytime your girlfriend gives you a blow job.

      You'd end up pretty broke depending on this crowd for that.

    10. Re:The article, with my analysis... by Bad+D.N.A. · · Score: 2, Funny

      Screw your patent... I want to buy the rights to your girlfriend!!!

      --
      "Truth is much too complicated to allow anything but approximations"
    11. Re:The article, with my analysis... by Anonymous Coward · · Score: 0

      Can my girlfriend patent the blow job? She is damn good. She swirls her tounge, head down, but the eyes looking up like a puppy dog. Like "oh dear daddy, I love you". Just like that. Nobody else does it like her. I'd like to get a nickle everytime your girlfriend gives you a blow job.

      If you're willing to enter a new and exciting career in the world of Escort Management, your wish can be a reality!

    12. Re:The article, with my analysis... by Anonymous Coward · · Score: 0

      This is one of the funniest fucking posts ever on Slashdot!

    13. Re:The article, with my analysis... by Aeiri · · Score: 1

      I was refering to the fact that you seem to think that because person A was making product X before person B invented process Z to make product X that for some reason process Z couldn't not be patented. Which is simply false.

      So...
      Is Y a patent, process, product, or person? I'm confused.

    14. Re:The article, with my analysis... by Aeiri · · Score: 1

      You should probably also hate the improper-use-of-apostrophe Nazis too.

      They're called grammar Nazis.

      Yes, I'm the resident vocabulary Nazi at the moment.

    15. Re:The article, with my analysis... by Anonymous Coward · · Score: 0

      I'd like to get a nickle everytime your girlfriend gives you a blow job.

      You'll get richer faster if you charge based on your girlfriend's.

    16. Re:The article, with my analysis... by Anonymous Coward · · Score: 0
      Can my girlfriend patent the blow job? She is damn good. She swirls her tounge, head down, but the eyes looking up like a puppy dog. Like "oh dear daddy, I love you". Just like that. Nobody else does it like her. I'd like to get a nickle everytime...

      You mean to tell me that she isn't giving you ANY of the $10 that I give her??? She told me that she would! That lying whore! (Lying somehow makes it all dirty.)

    17. Re:The article, with my analysis... by Anonymous Coward · · Score: 0
      You'll get richer faster if you charge based on your girlfriend's

      but she is a philanthropist, she gives them away for free. :(

    18. Re:The article, with my analysis... by incabulos · · Score: 1


      Fuck, here comes Chef Boy-R-D and his patent lawyers. Someone tell that 90 year old woman she is no longer lawfully allowed to make her family dinner.

      Dont you get it? This 90 year old woman is a communist, an IP pirate, and a damn thief! Shes with the terrorists! Stop stealing the valuable intellectual property of Smuckers, you Jesus-hating enemies of America! Send her to federal PMITA prison for 20 years after hitting her with a $500,000 fine per IP violation I say!

      Oh wait, thats what things are like in the fascist, dystopian Bizarro World, not the US. Nice to see sanity prevailing for a change.

    19. Re:The article, with my analysis... by Anonymous Coward · · Score: 0

      > I whipe my ass with the paper going upwards and not downwards.

      I "whipe" my ass in all different directions. It helps to "spread the cheer."

    20. Re:The article, with my analysis... by Anonymous Coward · · Score: 0
      Like "oh dear daddy, I love you".

      This father of two daughters wishes to thank you for completely ruining the desire for a good BJ. Thanks a lot, and by "thanks", I really mean "screw you".

    21. Re:The article, with my analysis... by ConceptJunkie · · Score: 1

      I'm sure you're very proud of that cromulent accomplishment.

      --
      You are in a maze of twisty little passages, all alike.
  23. The patent office rejected a patent? by goon+america · · Score: 4, Insightful

    This is the real news here -- that the patent office rejected a patent application.

    My question is this: if they accepted swinging on a swing as worthy of a US patent, why did the USPTO decide to deny Smuckers this one?

    1. Re:The patent office rejected a patent? by Anonymous Coward · · Score: 0

      Thats the most ridiculous patent ever...We used to do that in public school at recess...prior art!

  24. OMG! Signs of sanity... by Anonymous Coward · · Score: 0

    Patent examiners at the U.S. Patent and Trademark Office disagreed, saying the crimped edges are similar to making ravioli or a pie crust.

    The patent office rejected a ridiculous patent! News at 11.

  25. Re:ooohhh... by Anonymous Coward · · Score: 0

    No, but I have taken a shit, looked at it and thought, "Woah, that was once a Peanut Butter and Jelly sandwich!".

  26. Re:ooohhh... by Anonymous Coward · · Score: 1, Funny

    Your mom said that when I showed her my cock.

  27. Re:What's next - patenting how Mom makes Hash Brow by TheWanderingHermit · · Score: 5, Informative

    Yes, you're right.

    One major point on the patent was that, when making a PBJ, the J seeps through the bread. To solve that problem, Smuckers put PB on BOTH pieces of bread.

    And patented that!

    They got a patent on putting PB on both bread slices instead of just one!

    And we wonder how the one-click-order got patented!

  28. God damn geek anti-patent rants by QuantumG · · Score: 0, Flamebait

    This pisses me off. All you geeks are ranting about how you basically shouldn't be able to patent anything. It doesn't matter what the product is that you're making, you should be able to patent a novel process. If I figure out a way to synthesize a new drug I should be able to patent that process. If I figure out a way to put together a toaster faster than my competitor then I should be able to patent that process. No-one is trying to patent peanut butter (paste) and jelly (jam) sandwiches, Smuckers is trying to defend their patent on a particular process they use to make a product that just happens to include these ingredients. You're free to clone their product and compete with them, you just have to come up with your own process to do it. Without this protection any innovation Smuckers puts into improving their process can be just copied by competitors. That means Smuckers cant put any significant amount of investment into refining their process or they'll be undercut by competitors that copy it without cost. That's the justification for patents and without it we wouldn't have all the innovative technology we use every day. Unlike copyright, patents are not about incentives, they're about outright survival in a competitive market place.

    --
    How we know is more important than what we know.
    1. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      Well, the real problem here is that nobody on slashdot actually understands the patent system, how patents work, how they are rejected, how they are granted, etc. All they know is a vague idea that there is some kind of requirement for "obviousness" and "novelty" without actually understanding what those terms mean and how they are applied. They don't understand the concept of the sections of a patent and don't know how to analyze one (much less read one which really isn't that difficult). Most of the "analysis" done is based on the title or abstract which are more often than not a vague description of what the patent actually covers.

      Patent law is founded on hundreds of years of court decisions which have sculpted the legal requirements for rejecting patents. Rather than put any faith in that everyone here seems to be under the impression that the laws can be completely thrown out and ignored at will.

      The old adage is correct, they fear what they don't understand.

    2. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      and how much innovation does a Peanutbutter sandwich really need???

    3. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      There there. Calm down. You'll find a buyer for that ass-scratcher patent just yet, don't take it out on us.

    4. Re:God damn geek anti-patent rants by QuantumG · · Score: 1

      Yep, cause why can't Smuckers just stock their factory with thousands of people standing in front of a chopping board using butter knives and to fish the product out of jars? That's how my mum used to make em! For one, it's a peanut butter and jelly filled pastry, not a sandwich. Obviously the current mechanisms for putting this filling into the type of pastry they use isn't adequate, so they needed new machinery, which means they needed to design and get them built. What stops the manufacturer of these machines from selling them to a competitor? What stops other manufacturers from making them if the design gets leaked? Why, patent law does.

      --
      How we know is more important than what we know.
    5. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0
      They're patenting the "process" of CRIMPING A PBJ!!!!11!!!

      Process schmochess.

      They have a 20-year monopoly on smashing the edges of a PBJ. Can you comprehend that? It doesn't matter how you try to apologize for it by tacking the word "process" onto it; it's a fucking travesty. Innovation my ass.

    6. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      Well in this case, the courts have decided that there's no innovation in the product, so the patent has been rejected...

      The problem we have with the patent system (we the thinking ones, not we the slashbots), is that patents are being granted willy nilly. Just about anybody who has the money for the fee can file and obtain a patent, whether it's deserving or not. Then it's left up to the courts to sort out a patent's validity, and that costs a lot of money for the courts and the lawyers on both sides of the lawsuit. And because of the prospect of huge legal expenses, often the defendents in patent lawsuits just cave in and settle out of court, even if the patent isn't really valid.

      That's the problem. The patent office does nothing but file everything, when it should be really examining each application with a MUCH more critical eye, and rejecting a lot more than it is now.

    7. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      U.S. Court of Appeals for the Federal Circuit rejected an effort by the Jelly & Jam maker to patent its process for making pocket peanut butter and jelly sandwiches.

      Maybe you have a valid point, but in this particular case, the system worked and kicked out a bogus patent (specifically I believe the claims mentioned the "crimping").

      Crimping two pieces of bread together hardly squares with the lofty concepts you're mentioning!

      What makes you think the patent system is so perfect or that there won't be bad patents on the "edge" of the universe of patents?

      So, I'll keep calling for patent reform, especially in software which is where I see the biggest problem.

      Something is wrong with our patent system, you must be blind not to see it. Are companies supposed to be stockpiling 10,000 patents per year for instance?

    8. Re:God damn geek anti-patent rants by shutdown+-p+now · · Score: 1
      You're free to clone their product and compete with them, you just have to come up with your own process to do it.
      What they patent is just too obvious. In this case, how many people might violate this patent every day, without even knowing it? And according to you, they should pay, because Smuckers have 'innovated'.
    9. Re:God damn geek anti-patent rants by jd · · Score: 1
      Your conclusion would be right, if your basis was right. The article states that of the 650,000 or so patent applications they get each year, almost all are trivial variants on existing technology, that they get next to no "pioneer patents". (That they have to invent a term for patents of ideas that are novel is disturbings.)


      However, 65% of all applications are granted, which means that only the tiniest fraction of all granted patents have any really original content.


      Personally, I don't have any objection to patenting original content. I like that and I think that the patent system should actively encourage as much pioneering work as physically possible, so actively encourage progression of thought rather than over-refining and stagnating on existing work.


      Significant variations on a theme, I can also see being worthy of protection. Refinement does have a place, because totally original perspectives will always miss some novel use, or some specialized customization, which can radically alter the idea without altering the foundations on which it is built.


      Micro-specialization, where there really isn't anything actual new in either the concept or the application, and no real new work has been put into the implementation, but there is enough deviation overall to crudely describe it as not an exact duplicate of an existing idea - uh, the lack of duplication does not mean the presence of originality, so these I don't think have any business being patented.


      Mathematical laws, results and algorithms - which exist 100% independently of the person using them and are merely discovered, not created - those are worthy of some form of protection, but not the patent system. Patents should be for creations, not discoveries. Discoveries should be placed in an independent category because they have always existed. Inventions start with a problem, which is translated into a solution for that problem. The solution never proceeds the problem for which it is the solution. Discoveries are always of things that have existed since the Big Bang and will exist until the Heat Death of the Universe, whether discovered or not and whether a problem exists to which they apply or not. They are a completely different class of solution.


      The sandwich method in the article is a discovery within the realms of material science and fluid dynamics. Nothing new was made, they merely found some properties the existing system already had. I think that earns them something. What I don't believe is that it earns them exclusive rights and a fat royalty check. The property would still have been true if Smuckers never existed.


      The primary difference between an invention and a discovery is that inventions are not guaranteed, even in an infinite universe and even if the decay of matter did not occur. An invention - even a derivative one - requires some creativity. As many problems have an infinitely variable solution space, there is no guarantee that even in an infinite universe, the whole solution space will ever be covered.


      Discoveries, because they are intrinsic to the way things work and not a function of those who make use of them, are guaranteed to be made eventually. They are inevitable and may be made long before, or long after, any problem requiring them is ever found. Indeed, no problem requiring them need ever exist.


      As I see it, geeks get most upset, because discoveries are frequently treated as inventions. It makes sense to patent some specific medical drug that has some useful combination of properties, because they are totally creative and there is nothing intrinsic about them. It does not make sense to patent gravity, swings or the wheel, because these are totally intrinsic and have no creative element.


      In my opinion, this could be resolved by mandating a certain maximum on how intrinsic the solution in a patent can be. Above that point, it may merit protection, but a new system should be found for it rather than trying to overgeneralize one designed for engineered creative works.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    10. Re:God damn geek anti-patent rants by Luthair · · Score: 1

      Software patents seem to generally be for an end result and very vague method (some of which are commonly used methods, ie Amazon's 'no display flag').

      Another problem with software patents is duration, 20-years is forever in the technology sector.

    11. Re:God damn geek anti-patent rants by KingSkippus · · Score: 1

      I have nothing against patents for true innovation. What I have contempt for is patents that stifle innovation. This is the antithesis of why the system was created, and a large part of how it works now. Without going into too much depth (plenty of discussion around this already), that is what the modern-day patent system is being used as: a weapon against competitors.

      What exactly is the difference? It's hard to say and impossible to spell out in detail. Subjectively, I know that crimping the edges of a peanut butter and jelly sandwich isn't true innovation. Figuring out a way to make toasters may be innovative, depending on what that way is. If it's something stupid like "run my toaster-making machines faster," then it's not.

      The thing that gets under our (the god damn geek anti-patent people's) skin is that the patent office now doesn't bother to figure out the difference. They just rubber-stamp anything you come up with and let the courts figure it out later if need be.

      Of course, letting the courts figure it out is usually a prohibitively expensive and time-consuming process, but they don't care, and there are not (yet) enough people out there protesting in the streets to change anything. So companies with deep pockets continue to use and abuse the system. The end result is that survival in a competitive marketplace has little to do with how clever you are, but how much money you have backing you.

    12. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0
      Well in this case, the courts have decided that there's no innovation in the product, so the patent has been rejected...

      Which is the same thing the patent office decided:
      The company had appealed the initial rejection to the patent office's Board of Patent Appeals and Interferences, but that body upheld the decision to reject the patents.

      Smucker then took the case to the appeals court, which entered a judgment Friday, without comment, affirming the patent office's decision.
      RTFA moron
    13. Re:God damn geek anti-patent rants by oolon · · Score: 2, Interesting

      People aways did noted inventors like James Watt, Thomas Edison and Alexander Bell, they all had very large patent portfolios. Infact Henry Ford was unable to produce his model T, because it was blocked by a patent, the owner would only grant use to his "Club", and didn't like the masses having access to cars. So Ford waited it out. Bell is also interesting because in is thought by many that his application was modified and used information stolen from another application, being checked by the same examiner. Many believe the examiner was paid by Bell.

      James

    14. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      Sure, but pinching the sides of a sandwich? Please..

      Look! My sandwich pincher pinches better than yours!

    15. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      The article states that of the 650,000 or so patent applications they get each year, almost all are trivial variants on existing technology, that they get next to no "pioneer patents".

      Incorrect, please point out where the article states that they are "trivial variants" (Hint: It doesn't). That point pretty much underminds your main arguments, so I'll stop there.

    16. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      The thing that gets under our (the god damn geek anti-patent people's) skin is that the patent office now doesn't bother to figure out the difference. They just rubber-stamp anything you come up with and let the courts figure it out later if need be.

      The patent office has strict requirements handed down from the courts as to what they can call obvious and non-obvious. If you can think of a better way to determine when something is obvious the world would love to hear it, but until then they will use the system they are given. If you want to read about the requirements of obviousness (which is highly reccomnded before replying), check out sections 2141-2145 of the Manual of Patent Examining Procedure.

    17. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      The patent on the machine used to make it.

    18. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0
    19. Re:God damn geek anti-patent rants by drooling-dog · · Score: 3, Insightful
      This pisses me off.

      I think what offends the "geeks" you're arguing with is that patentability implies that an idea has some novelty and is not obvious to anyone "skilled in the art" to which it pertains. Yet, patents are often granted that violate these principles, sometimes to an absurd extent.

      patents are not about incentives, they're about outright survival in a competitive market place.

      The purpose it to promote innovation, not to grant monopolies simply for the asking. The government does not owe you success. Success in a competitive marketplace comes from competing successfully.

    20. Re:God damn geek anti-patent rants by An+Ominous+Cow+Aired · · Score: 1
      you should be able to patent a novel process.

      Novel, you fucking moron:
      novel, adj. -- Strikingly new, unusual, or different

      Shut your hole, retard. As others have said, this is similar to how other foods are produced, including Ravioli. In simple terms I hope you can understand: this is NOT novel!

      Nobody should be able to patent something unless it really is far different from everything else available. THAT is how innovation itself is rewarded. (And that is how the patent system was originally intended to work.) Otherwise, we are only awarding those who can twist a description enough that their patent is granted... it's unlikely that they are very inventive, if they feel they must weasel their way through a loophole.

      You do not understand what is going on in the patent system. So please do not argue about it.

      --

      Become A Real Millionaire, in 10 seconds, on your computer! (rf=really fast) Read manual, YMMV.
      rm -rf *
    21. Re:God damn geek anti-patent rants by NanoGator · · Score: 1

      "You're free to clone their product and compete with them, you just have to come up with your own process to do it."

      This is a very important point. Few things are perfect the first time around. Often avoiding a patent means developing something even better. And, even if it doesn't, the party involved in developing a solution that others seem to think are critical enough to license deserves a reward. No?

      --
      "Derp de derp."
    22. Re:God damn geek anti-patent rants by Waffle+Iron · · Score: 4, Insightful
      What stops the manufacturer of these machines from selling them to a competitor? What stops other manufacturers from making them if the design gets leaked?

      If there is anything unique about the machines they designed, they should get a patent on that. But they didn't. They got a patent on the sandwich.

      The idea of "leaking" the secret about a crimped PBJ with PB on both slices of bread is absurd. It's not innovative, it's obvious, and it took just about zero investment of time and capital to come up with. Here are the exact claims from the patent:

      1. 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.

      2. The sealed crustless sandwich of claim 1, wherein said crimped edge includes a plurality of spaced apart depressions for increasing a bond of said crimped edge.

      3. The sealed crustless sandwich of claim 2, wherein said crimped edge is a finite distance from said at least one filling for increasing said bond.

      4. The sealed crustless sandwich of claim 3, wherein said at least one filling comprises: a first filling; a second filling; a third filling; and wherein said second filling is completely surrounded by said first filling and said third filling for preventing said second filling from engaging said first bread layer and said second bread layer.

      5. The sealed crustless sandwich of claim 4, wherein said first filling and third filling have sealing characteristics.

      6. The sealed crustless sandwich of claim 5, wherein: said first filling is juxtaposed to said first bread layer; said third filling is juxtaposed to said second bread layer; and an outer edge of said first filling and said third filling are engaged to one another to form a reservoir for retaining said second filling in between.

      7. The sealed crustless sandwich of claim 6, wherein said first filling and said third filling are comprised of peanut butter; and said second filling is comprised of a jelly.

      8. The sealed crustless sandwich of claim 7, wherein said crimped edge is formed into a substantially circular shape.

      9. A sealed crustless sandwich, comprising: a first bread layer having a first perimeter surface, a first crust portion and a first contact surface; a first filling juxtaposed to said first contact surface; a second bread layer having a second perimeter surface, a second crust portion and a second contact surface; a second filling juxtaposed to said second contact surface; a third filling; a crimped edge directly between said first and second perimeter surfaces for sealing said first, second, and third fillings between said first and second bread layers; wherein said first and second crust portions have been removed and said third filling is encapsulated by said first and second fillings.

      10. The sealed crustless sandwich of claim 9 wherein said first filling and said second filling have sealing characteristics.

      There are two parts to this patent: (1) So the jelly soaks through the non peanut-buttered side. 90% of the population could solve that dillemma in 30 seconds by putting PB on both sides. (2) So the sandwich is loose. Crimp it just like ravioli has been crimped for over a century.

      Notice that there is not a single reference to any machine that could make this sandwich. Just two dead-simple ideas that even a person of low intelligence would think of as soon as they saw the problem description.

      This is not some mysterious rocket-science research that needs to be nurtured. It's just a sandwich that you could make in your kitchen in 60 seconds, except that now it's illegal.

    23. Re:God damn geek anti-patent rants by An+Ominous+Cow+Aired · · Score: 1
      Large companies generally build their own machines. It's all standard, COTS parts - nothing too special about it. The prepackaged food industry isn't so big that outsourcing custom equipment will save enough money to outweigh benefits like in-house support, secrecy, accountability, etc.

      So there's that argument all shot to hell. Next.

      --

      Become A Real Millionaire, in 10 seconds, on your computer! (rf=really fast) Read manual, YMMV.
      rm -rf *
    24. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      this is NOT novel

      Non-novelty has to be proved in order to reject a patent, so prove it. Please read the first claim and find all elements of the claim in a single reference which is dated prior to the application date (or priority date) of the patent in question. Since you seem to know for a fact that this is not novel, this should be a simple exercize. I anxiously await your results.

    25. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      Ever hear of the concept "greater than the sum of its parts"? Just because the individual components exist doesn't mean that a unique combination of them isn't novel.

      Or do you believe that everything has already been invented already because everything new is merely combinations of the same atoms which make up the periodic table?

      So there's that argument all shot to hell. Next.

    26. Re:God damn geek anti-patent rants by mOdQuArK! · · Score: 2, Insightful
      All you geeks are ranting about how you basically shouldn't be able to patent anything.

      That's right.

      It doesn't matter what the product is that you're making, you should be able to patent a novel process.

      Why?

      If I figure out a way to synthesize a new drug I should be able to patent that process.

      Why? Are you so special that if someone else works out how to synthesize that drug independently of you, that you should be able to stop them from taking advantage of their own research?

      You're free to clone their product and compete with them, you just have to come up with your own process to do it.

      If their "process" is so braindead that a chimpanzee can imitate the process after viewing it once, why in the hell should they be granted a patent on it?

      That's the justification for patents

      Too bad the so-called justification is without merit

      and without it we wouldn't have all the innovative technology we use every day.

      B.S. We'd have innovation coming out of our eyeballs if big companies weren't using "intellectual property" laws to squash their competition.

      patents are not about incentives, they're about outright survival in a competitive market place.

      If a company can't survive in a marketplace without being granted a government-enforced monopoly, then THEY DON'T DESERVE TO SURVIVE. Propping up failing companies is called corporate welfare, and prevents more economically-beneficial entities from taking their place.

    27. Re:God damn geek anti-patent rants by QuantumG · · Score: 1

      I'm going to reply to this post and this post only. You don't know what you're on about. You havn't even read the patent. How can you possibily hold an opinion about how obvious this patent is? STFU.

      --
      How we know is more important than what we know.
    28. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      What makes you think the patent system is so perfect or that there won't be bad patents on the "edge" of the universe of patents?

      Oddly enough, right at this very moment, I am writing the final bits of my application for a patent to crimp the edges of the patent universe. I hate to give away too much information before it's granted, but I can tell you it involves spreading equal amounts of patents on the top and bottom layers to elimate leakage.

    29. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      Why?

      Why not?

      Why? Are you so special that if someone else works out how to synthesize that drug independently of you, that you should be able to stop them from taking advantage of their own research?

      Why not? Are other people so lazy that they have to steal your inventions without giving you any compensation from your hard work?

      If their "process" is so braindead that a chimpanzee can imitate the process after viewing it once, why in the hell should they be granted a patent on it?

      Difficulty isn't a requirement for patents. Something can be simple and still be both novel and non-obvious.

      If a company can't survive in a marketplace without being granted a government-enforced monopoly, then THEY DON'T DESERVE TO SURVIVE. Propping up failing companies is called corporate welfare, and prevents more economically-beneficial entities from taking their place.

      Please start a company that requires large amounts of research in order to produce a product. I will wait until you are done and then copy your product exactly and sell it for 25% less than you. This will be easy to do since I won't have to recoup any investment costs from research, will be able to out price you in the market and will be able to make more money per item sold. Unfortunately you will not be able to stay in business since you will be selling your product for more than your competitor, but it is your own fault since you wasted all that money on research. Sounds like a pretty good business model huh?

    30. Re:God damn geek anti-patent rants by advocate_one · · Score: 1
      prior art coward... prior art... I point you in the direction of the Breville Sandwich toaster...

      so Smuckers process of cutting and crimping is NOT novel.

      Any patent examiner with half a brain should have thrown Smuckers out of the door. Sadly, it looks like they found one of the ones with only a quarter of a brain...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    31. Re:God damn geek anti-patent rants by NitsujTPU · · Score: 1

      This patent claim is an example of why I don't think I could ever work as a cullinary researcher.

      I just couldn't imagine writing a design for stuffed crust pizza, let alone a patent!

    32. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0
      Sigh, claim 1 states:
      A mass-production apparatus for making a commercial sandwich from two slices of bread, said apparatus comprising a platen designed to receive a first slice of said bread, said platen having a sealing surface surrounding a central portion, a first slice dispenser to deposit a first slice of bread on said platen such that only a portion of said first slice of said bread lies over said central portion, a first food dispenser to deposit amass of a base food spread onto said first slice of bread above said central portion of said platen and at least partially spaced inwardly of said sealing surface, a second food dispenser to deposit a mass of an intermediate food spread on said base food spread at least partially inwardly of a peripheral edge of said base food spread, a top food dispenser to deposit a mass of a top food spread over said intermediate food spread to substantially encapsulate said intermediate food spread between said top and base food spreads, and a second slice dispenser to deposit a second slice of bread on said top food spread.
      On the site you pointed me to I see absolutely no mention of a base food spread, a top food dispenser, an intermediate food dispenser and a few other things required by the claim. Furthermore, the site is copyrighted 2004 while this patent has priority going back to 2001. That site doesn't even qualify as prior art solely based on the dates!

      Even if it did qualify, it does not disclose all the requirements of the claim (thats all, each and every one of them, as in you can't be missing any) and would not render the smuckers patent non-novel. You are free to try again though, although this time please try to meet the requirements outlined in my original post asking for prior art.
    33. Re:God damn geek anti-patent rants by advocate_one · · Score: 1

      mr Coward... I have owned Breville Sandwich toasters since 1980... goodnight.

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    34. Re:God damn geek anti-patent rants by some+guy+I+know · · Score: 1
      They don't understand the concept of the sections of a patent and don't know how to analyze one (much less read one which really isn't that difficult).
      You must be a lawyer.
      Only a lawyer could say that reading a patent isn't that difficult.
      Only a lawyer could even stay awake while reading a patent.
      Only a lawyer wouldn't think that patent language is to regular English as Perl is to a regular programming language.
      So fess up.
      You're a lawyer, aren't you?
      --
      Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
    35. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      So when we analyze the single overall broken patent system, we can find a symbiotic relationship between the courts and the patent office. So what? For everyone who doesn't work in that system, it makes no difference.

    36. Re:God damn geek anti-patent rants by QuantumG · · Score: 1
      If there is anything unique about the machines they designed, they should get a patent on that. But they didn't. They got a patent on the sandwich.

      Oh for fuck sake, READ THE GOD DAMN ARTICLE.

      --
      How we know is more important than what we know.
    37. Re:God damn geek anti-patent rants by symbolic · · Score: 1

      you should be able to patent a novel process

      Exactly. Show me a "novel" software process that doesn't rely in some way on countless other processes. There are some, but they are in the extreme minority. Patents are for those who invent. Sorry, but repackaging something that is common knowledge and claiming that it's novel because it's "on the internet" doesn't qualify.

    38. Re:God damn geek anti-patent rants by Waffle+Iron · · Score: 1
      Oh for fuck sake, READ THE GOD DAMN ARTICLE.

      I did, you abrasive schmuck.

      I showed you the claims of the patent in question, and I explained exactly why the claims are bogus.

      Are you saying that the claims don't cover a sandwich? Can you read and comprehend English?

    39. Re:God damn geek anti-patent rants by QuantumG · · Score: 1

      No-one was talking about software genius, go back to sleep.

      --
      How we know is more important than what we know.
    40. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      Smuckers is trying to defend their patent on a particular process they use to make a product that just happens to include these ingredients. You're free to clone their product and compete with them, you just have to come up with your own process to do it.

      are you really that stupid? or did you missthey they tried tostop other companies from making PB&J and who came up with their own process?

      please, go jump off a building and remove yourself from the gene pool, we have enough stupid people.

    41. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0
      If I figure out a way to synthesize a new drug I should be able to patent that process.
      Why? Are you so special that if someone else works out how to synthesize that drug independently of you, that you should be able to stop them from taking advantage of their own research?

      Because if it comes up with the exact same drug, there is no second research project, only yours plus a bit of industrial espionage. Two students turn in the same essay, one must have copied another or they both copied a third party. Living things interpret DNA in the same way, because life arose only once.

    42. Re:God damn geek anti-patent rants by Luthair · · Score: 1
    43. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      You're a lawyer, aren't you?

      Nope, sorry.

    44. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      You still haven't addressed the points about the missing elements in the claim that are not disclosed by the Breville Sandwich toaster. Care to give that a shot?

    45. Re:God damn geek anti-patent rants by Anonymous Coward · · Score: 0

      You stated two premises with no support for them whatsoever. Furthermore neither this story, myself or the parent ever mentioned software patents. Since you provided no explanation for why these premises were in any way relevant to the points raised by this story, myself or the parent I must ask once again:

      What is your point?

    46. Re:God damn geek anti-patent rants by adric · · Score: 1

      Perhaps you missed the part where the application was denied by the patent office. It only went to court as an attempt to overturn this decision.

      --
      not plane, nor bird, nor even frog...
    47. Re:God damn geek anti-patent rants by Waffle+Iron · · Score: 1

      I got the claims off of the USPTO website. It's an already-granted patent, 6,004,596 issued in 1999, which Smuckers obtained by buying out the "inventors" company. The denial story is about their attempts to expand it even further.

    48. Re:God damn geek anti-patent rants by symbolic · · Score: 1


      What exactly is the difference between software patents, and patents on other trivial and completely obvious processes...or is this level of abstraction a little too difficult for you?

  29. Abstract: Patent Number: 6,874,409 by UpLateDrinkingCoffee · · Score: 4, Informative
    Sounds like the innovation is a second layer of peanut butter to encase the jam and also the crimping. Here, you be the judge: Abstract

    A method of making a crustless sandwich from two slices of bread with outer crusts, the method comprising: placing a first slice of bread on a platen; forming a mass of a first food spread onto the central portion of the first slice of bread in a position spaced inwardly from a marginal area where the mass is formed with an inner lower layer with an outer rim extending upwardly from the lower layer to define a closed pocket or receptacle recess in the mass; placing a second food spread in the receptacle recess; closing the receptacle recess with a layer of the first food spread generally coextensive with the mass and supported on the outer rim of the mass to encapsulate the second food spread into a center composite food layer; placing a second slice of bread over the first slice to cover the center composite food layer; cutting the bread slices in unison in a cut pattern to remove the crusts of the slices; and, pressing the two bread slices together by force through the slices against a pressure surface on the platen to crimp the slices into a crustless sandwich.

    1. Re:Abstract: Patent Number: 6,874,409 by advocate_one · · Score: 1

      there is prior art... the Breville Sandwich Toaster. Its plates "cut, crimp and seal" the edges of the sandwich when you close the top and bottom together... it doesn't have to be turned on to do this either, just closing the two halves does this. And to round it off, Smuckers, is most probably in breach of a Breville patent...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    2. Re:Abstract: Patent Number: 6,874,409 by kidgenius · · Score: 2, Interesting
      No one told me, but I discovered the PB&J on both sides on my own. Whenever I would make them to take to work a few years ago, I noticed the jelly would soak in and make the bread nasty. Well, one day I thought "hey, add PB to the other side and prevent it." Guess what, it worked. Pretty obvious if you ask me, because I know I was not the first monkey in this world to think of it. So I would be violating a patent each time I told this to someone. Or worse, by telling other people I could be infringing a copyright. Or some other ridiculous claim.

      The crimping is no different than has been done on other dough encased objects for centuries. New? Non-obvious? You tell me.

    3. Re:Abstract: Patent Number: 6,874,409 by jeti · · Score: 2, Informative

      You don't infringe upon the patent when you tell other people about this method to prepare a sandwich.

      You infringe upon the patent when you use this method to create your sandwich without having obtained a license. The idea of patent law is explicitly to make inventions public knowledge. If you would not have figured out how to prepare the sandwich, you could have searched the USPTO database for an appropriate method.

      You seem to confuse patent law with the DMCA, where you're not allowed to inform about how to cicumvent copy protection measures. Or maybe you confuse it with the PATRIOT act, where you're not allowed to disclose that you have been searched etc.

    4. Re:Abstract: Patent Number: 6,874,409 by Tim+C · · Score: 1

      That's exactly what I was going to say - I have one of those sandwhich toasters myself, and judging from the abstract, this is prior art. What's more, you've been able to buy sandwhich toasters of this sort in the UK for as long as I can remember - at least 15 years, and I don't remember them being anything new or unusual then.

  30. Re:ooohhh... by Anonymous Coward · · Score: 0

    My mom did, too.

  31. The patent WAS granted by Anonymous Coward · · Score: 2, Informative

    The US Court of Appeals invalidated the patent. The stupid motherfuckers at the patent office actually granted the thing.

    It's starting to look like patents are drifting well past their original purpose. Overhaul the system, or ditch the suckers completely.

    1. Re:The patent WAS granted by SendBot · · Score: 1

      This is hilarious how it describes traditional swing operation as old an busted then implies that only this patent can boost humanity out of this tragedy.

      "These methods of swinging on a swing, although of considerable interest to some people, can lose their appeal with age and experience. A new method of swinging on a swing would therefore represent an advance of great significance and value."

      Still a neat idea I'd like to see in action.

  32. Bad tast! by SWTP_OS9 · · Score: 1

    As long as it NOT with their version of the PB & J! Its horrible!

  33. Average Patent Office Worker by SteelV · · Score: 4, Insightful

    Patent comes in for a new type of PB&J.

    Worker: Hey! I could have thought of that... hell, the wife makes one every Tuesday... DENIED.

    Patent comes in for a new "technology." A Web site will have a box labeled Username and one labeled Password, and a Submit button that logs on the user to the Web sites system.

    Worker: That sounds complex about computer web site things. Must be some new technology. APPROVED.

    1. Re:Average Patent Office Worker by Anonymous Coward · · Score: 2, Informative

      Actually the patents are broken down into groups based on technology (chemical, electrical, mechanical, etc..) and then further broken down into subgroups of those. Examiners who would be working on food (PB&J) would never get patents for computers (username/password).

      Although, I doubt mundane facts like that will stop you from ranting about that which you know little to nothing about.

    2. Re:Average Patent Office Worker by cranos · · Score: 1

      Either way it doesn't stop blatant abuses of the processes.

      Patenting a Peanut Butter and Jelly sandwich is just as stupid as patenting a username password form.

    3. Re:Average Patent Office Worker by Anonymous Coward · · Score: 0

      ok, explain the one click shopping in the context of someone whos an expert in online maters

    4. Re:Average Patent Office Worker by Anonymous Coward · · Score: 0

      Previously everyone was requiring multiple confirmations in order to purchase items online. Someone at amazon decided it would be easier to allow purchases with a single click. Since no prior art was found of online shopping systems in which purchases were made with a single action (i.e. click) the patent was granted. If you can find some prior art then I'm sure there are a few companies out there who would love to see it.

      Just because the invention of one click shopping is not difficult to implement does not mean that it is not novel or non-obvious. Some of the simplest ideas are the hardest to come up with.

  34. Smuckers... by erroneus · · Score: 1

    What in the hell are they doing trying to patent crimped bread?!

    There are so few things about food and cooking that hasn't been done before that I'm willing to believe it has pretty much ALL been done before. This is pretty ridiculous.

    On the other hand, they might be making peanutbutter and jelly sandwiches on crimped bread, I'm making jelly and peanutbutter sandwiches on TOAST! Now *that* has to be patentable because I've never heard of it before and it's nothing like a pie crust or ravioli. (Though my secret ingredient might get me into hot water with DuPont... I'm still in negotiations)

    1. Re:Smuckers... by Anonymous Coward · · Score: 0

      On the other hand, they might be making peanutbutter and jelly sandwiches on crimped bread, I'm making jelly and peanutbutter sandwiches on TOAST! Now *that* has to be patentable because I've never heard of it before and it's nothing like a pie crust or ravioli.

      actually, pb&j on toast is my favorite way to eat it... my whole family's, for as long as i've been around, and my mother's, my grandmother's (although she mixes in a little miracle whip with the pb... ewwww!), even my great grammie's (and she was a little kid when peanut butter was invented)...

      my little nephew (he's like 2) wants his pb&j "cooked".... he won't eat it any other way...

    2. Re:Smuckers... by Brianwa · · Score: 2, Interesting

      People have been making PB&J sandwiches on toasted AND crimped bread for a long time...
      There is a device called a jaffle iron designed to be held over a fire or stove, it creates 'flying saucers' of toasted bread with whatever filling you want.
      http://en.wikipedia.org/wiki/Jaffle_iron

  35. Re:ooohhh... by Anonymous Coward · · Score: 0

    Most people breathe, walk, and pee pretty similarly, too.

  36. this is so five hours ago by atlaz · · Score: 0

    but don't worry, because hip subscribers get to see the next slashdot story early!

    http://www.boingboing.net/2005/04/08/court_denie s_ smucker.html

    and they had a picture.

    why doesn't slashdot have pictures?

    they too good for pictures?

    Whatever happened to innovation on slashdot?

    --
    read more rants: thunt.net
  37. Is no one's patent safe? by beemac · · Score: 1

    My single-click peanut butter sandwich patent has yet to be struck down.

  38. Wow by Anonymous Coward · · Score: 0

    I was silent when Microsoft patent XML doc format, but this is something else.

  39. Re:What's next - patenting how Mom makes Hash Brow by Anonymous Coward · · Score: 0

    Thanks for the recipe and, more importantly, the pic of your hot mom making the hash browns.

  40. What eva you do... by gov_coder · · Score: 1

    Don't be going to Smuckers online contact form trying to sell them on new ideas to patent.

    Just because two guys sold them patents to PB&Js doesn't mean they are stupid.

    And especially don't try and sell them a patent on milk in a cylindrical container. I'm already negotiating that one with them now.

    --
    Rob Enderle's excellent new book: Everything I needed to know about Computer Science I learned in Marketing School
  41. I just don't get it... by flawedgeek · · Score: 0

    Why the hell is someone too lazy to make their own PB&J gonna get up, drive to the grocery store and buy these processed, prepackaged pieces of crap? Oh, wait. That's what mothers are for.

    --
    My other Sig is .40 caliber.
  42. Re:ooohhh... by Pete+LaGrange · · Score: 1

    And so April 15 is Poop For Peace Day.

    What? Nobody out there has mod points AND a sense of humor? 'Cause this is the funniest friggin thing I've heard in a long time.

    --
    loyalty above all, save honor
  43. I can see it now.. by Derwood5555 · · Score: 1

    Make a PB&J..
    Go to jail...
    Its the law...

  44. What has our society come to... by Anonymous Coward · · Score: 3, Funny

    How lazy are we as a society, when we can't even spend 1 minute to make a peanut butter and jelly sandwich? Thats what scares me more then this Smuckers patent.

    1. Re:What has our society come to... by NanoGator · · Score: 1

      "How lazy are we as a society, when we can't even spend 1 minute to make a peanut butter and jelly sandwich? Thats what scares me more then this Smuckers patent."

      This might be funny if not for the fact that one of the BFDs about this 'innovation' is that it keeps the jelly from soaking through the bread.

      --
      "Derp de derp."
    2. Re:What has our society come to... by jayloden · · Score: 1

      Yeah, but your peanut butter and jelly sandwiches don't have crimped edges!

      -Jay

  45. Re:What's next - patenting how Mom makes Hash Brow by Anonymous Coward · · Score: 1, Funny

    They got a patent on putting PB on both bread slices instead of just one!

    Whoa.. That's how I've always made PBJ's. Not because of seepage, but because I LIKE PEANUT BUTTER.

    I could've been rich. I could've had a big mansion in LA. I could be bangin' 2 hot chicks at the same time *right at this moment*.

    Instead I try and work hard and earn money from my clients by doing a better job faster.

    What a chump I am, eh?

  46. Re:ooohhh... by Anonymous Coward · · Score: 0

    Funnier than a dick that post may be, but it is equally off topic.

  47. Re:ooohhh... by Anonymous Coward · · Score: 0

    Have you ever taken a shit, looked at it, and thought, "Woah, that was inside of me a minute ago!"

    Happy 5th birthday!

  48. Watch out for patent reform in the next few years by Adult+film+producer · · Score: 1

    Clinton gave it life, Bush is going ape shit and bananas with it.. this is new the IP economy the U.S. is building and it's economic survival depends on these ridiculous patents. I figure in the 10-12 years congress will reform patent laws in such a way that they last 20 years + the lifetime of the filer (with qualifiers just in case the filer dies/corporation goes bust.) Maybe they'll just knock it up to 80 years, flat out. They did it with copyright, they'll do it with patents... They have to.

    You too can have a lifetime monopoly on a method for drinking milk through your nostrils!

  49. Re:ooohhh... by Anonymous Coward · · Score: 0

    Thank you!

  50. Re:ooohhh... by Anonymous Coward · · Score: 0

    Yes!

    That's why I always eat my poo!

    Let the circle be unbroken!

  51. Better patent sandwichs in general by [cx] · · Score: 1

    Do it as unspecific and general as possible then sue everyone with patents to specific sandwichs.

    But seriously, how retarded is the USA when you can get sued for making a PB&J sandwich?

    That seems like the last straw for all the white trash in trailor parks having sex with their sisters while listening to John Cougar Mellancamp cds. (I wasn't the original troll!)

    [cx]

  52. I wish someone would patent... by cmacb · · Score: 1

    whacking the USPTO upside the head.

    1. Re:I wish someone would patent... by erikharrison · · Score: 3, Funny

      I'm opposed to this.

      I would like to be free to whack the USPTO upside the head, without IP encumbrance.

  53. I see another lawsuit by Anonymous Coward · · Score: 0

    Guy1: You got your peanut butter in my chocolate!
    Guy2: You got your chocolate in my peanut butter!
    Guy3: I own the patent on peanut butter and chocolate! PROFIT$$$$

  54. We responded, now you explain vegimite... by acomj · · Score: 1

    We responded, now explain vegimite...

    especially vegimite sandwiches...

    1. Re:We responded, now you explain vegimite... by dangitman · · Score: 1
      We responded, now explain vegimite...

      Vegemite is like Guinness ... dark, made with yeast, nutritious, and exquisitely delicious. Consumed in large quantity by Aussies. Like Guinness, you can usually tell someone's nationality by how thick they spread their vegemite (or how quickly they drink their Guinness.

      especially vegimite sandwiches...

      Vegemite sandwiches are like Guinness sandwiches...

      --
      ... and then they built the supercollider.
    2. Re:We responded, now you explain vegimite... by QuantumG · · Score: 1

      My g/f puts vegemite on so that it is black. I put my vegemite on so that it mixes with the butter and becomes light brown. It's got a strong taste so you've got to build up a tolerance to it. Kind of the inverse of seafood.

      --
      How we know is more important than what we know.
    3. Re:We responded, now you explain vegimite... by Zemran · · Score: 1

      Vegemite is the girl's blouse version of Marmite, that British favourite :) Marmite have been running some really good ads about you either love it or you hate it. They had one in which a young couple went back to her place and he sat in front of the TV and she went to make the coffee or whatever. While she was there she had a marmite sandwich. She goes back to the TV and he sticks his tongue down her throat and then starts vomiting. Then the slogan 'you either love it or you hate it' comes up.

      Now they have a new campaign that has got them into trouble with this.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    4. Re:We responded, now you explain vegimite... by dangitman · · Score: 1
      Vegemite is the girl's blouse version of Marmite, that British favourite :) Marmite have been running some really good ads about you either love it or yo

      That doesn't really make sense, because Marmite is much blander and milder tasting than Vegemite, which has a much more disctinctive, powerful taste. If people can't handle that sissy Marmite, then they will be violently ill if they try Vegemite.

      --
      ... and then they built the supercollider.
  55. kinda looks like a pizza pocket by NervousTwiitch · · Score: 1

    i'm sorry, but am i the only one who things this looks like a pizza pocket...

  56. Re:What's next - patenting how Mom makes Hash Brow by Anonymous Coward · · Score: 0

    In a post 9/11 world, even Hulkster's mom looks hot.

  57. Whose cuisine will reign supreme? by dangitman · · Score: 4, Funny
    Damn, I'm going to get Iron Chef Rokusaburo Michiba on the phone and hire him to patent hundreds of cooking techniques. Soon, I will own exclusive rights to ALL FOOD! I will win in Kitchen Stadium!!!

    Somebody pass me a foie gras and salmon roe pocket sandwich, I'm hungry. Today's theme ingredient is Intellectual Property!

    --
    ... and then they built the supercollider.
  58. Good Idea by TimeTraveler1884 · · Score: 2, Funny

    That's actually a good idea.

    Except, peanut products cause me to um... die. Now if they could just keep that from happening, that would be awesome!

    1. Re:Good Idea by Anonymous Coward · · Score: 0

      Nerd.

    2. Re:Good Idea by Anonymous Coward · · Score: 0

      Sure, die once, it will make you immune from happening again.

    3. Re:Good Idea by mink · · Score: 1

      Apparently a drug company had a product that was in trials, but because Pfizer (or one of the other big 'uns) wanted to get their untested drug rammed through the approval process they tied the first company up in court until they dropped the drug (which helped people with peanut allergies live if exposed) and now there is no working drug for you (because it turns out their drug didnt help people with peanut allergies). YAY big Pharma!
      I saw this on the cover of the wall street journal a few weeks ago and can not remember the details.

      --
      Well I've wrestled with reality for thirty five years doctor, and I'm happy to say I finally won out over it.
  59. Re:As a lazy-ass by Jah-Wren+Ryel · · Score: 2, Informative

    It seems like a really stupid patent, until you try those sandwiches. They are GOOD. For someone who doesn't like to spend a lot of time cooking (or in the case of the PBJ, getting the components together), and also as a guy who never got over the whole crusts thing (hate them, cut them off, always), this thing is a godsend. Laugh all you like, but try one first.

    Earth to lazy-ass, come in lazy-ass.

    These things taste like ass, lazy, pre-processed ass

    It takes about 90 seconds to put together a real PBJ sandwich and put the remaining components back into storage and lick the knife. To avoid eating crust (what are you 2 years old?) you tear the crust off one side and start eating there until you've eaten out everything but the remaining crust, which you then throw away!

    --
    When information is power, privacy is freedom.
  60. I've always wondered... by game+kid · · Score: 1

    ...how dancing bananas relate to sandwiches.

    Then again, I believe it refers to the actual sandwiching in the dance...or something...damn I've become a sad geek.

    --
    You can hold down the "B" button for continuous firing.
    1. Re:I've always wondered... by bleckywelcky · · Score: 1

      PB&J sandwiches are very often made with bananas to form PB&J&Banana sandwiches. You cut the bananas longitudinally to form long slices (like those pickles sliced for sandwiches).

  61. bullshit by Anonymous Coward · · Score: 0

    What if the the school district, instead of saying "fuck off" stopped making the sandwiches? How many idiotic fucknozzle patents have to be handed out before the system is acknowledged to be BROKEN?

  62. Re:What's next - patenting how Mom makes Hash Brow by Grax · · Score: 5, Funny

    When peanut butter and jelly sandwiches are outlawed, only outlaws will have peanut butter and jelly sandwiches.

  63. Patent ways, not end results by slapout · · Score: 1

    I could understand it if they had invented a machine that made the sandwiches and then patented the machince, but this is just silly.

    --
    Coder's Stone: The programming language quick ref for iPad
    1. Re:Patent ways, not end results by Anonymous Coward · · Score: 0

      Suprisingly that is what they tried to do.

    2. Re:Patent ways, not end results by argent · · Score: 1

      They aparrently did invent a machine and patent it, or at least the crimping operation the machine performed, then tried to expand the patent to the general idea of performing the crimping operation... and the patent office did its job for once and rejected it.

      This is like the guy who patented some kind of tabs to stick a screen protector to a curved screen, then went back and slipped in an amended patent on any kind of screen protector after the Palm Pilot and Palm Pilot screen protectors started showing up on the market... then around sending nastygrams to everyone who was selling any kind of screen protectors... and a lot of people apparently paid up.

      You gotta wonder how many people just pay and we never hear about it. I'm glad the USPTO caught this one, it's a pity they don't pay this kind of attention more often...

  64. Re:What's next - patenting how Mom makes Hash Brow by Anonymous Coward · · Score: 1, Informative

    Well, I certainly have been practising prior art all my days.

  65. Re:What's next - patenting how Mom makes Hash Brow by Anonymous Coward · · Score: 0

    I could've been rich. I could've had a big mansion in LA. I could be bangin' 2 hot chicks at the same time *right at this moment*.

    One thing you can always say about Slashdotters: they have one heck of an imagination.

  66. Humanity at its lowest by SweetAndSourJesus · · Score: 1

    For christ's sake, making a peanut butter and jelly sandwich is just too much hassle for some people? I'm sorry, but if you're having trouble mastering the recipe for peanut butter and jelly sandwiches, I'm not really sure you're fit to prepare your own food.

    --

    --
    the strongest word is still the word "free"
    1. Re:Humanity at its lowest by telstar · · Score: 1

      Brian Regan has a great sketch about PB&J. One of the funniest comics I've ever heard. Check out his stuff sometime. It's funny to read, but his delivery makes the jokes.

  67. Cashew Butter by Anonymous Coward · · Score: 0

    Try Cashew Butter. It costs about two souls per jar, but DAMN it's good.

  68. Re:What's next - patenting how Mom makes Hash Brow by srmalloy · · Score: 4, Informative
    For those that don't RTFA, Smucker actually allready had a patent from 1995, but this rejection "involved two additional patents that Smucker was seeking to expand its original patent by protecting its method." I.e. they still have the original patent for their method of making a P&J sandwich, but "the company's original patent is being re-examined by the patent office."

    Unless Smuckers came up with a really unique way of 'crimping the edges' to seal the sandwich, then I'd have to argue against it on the basis of prior art going back to a tool that I first saw back when I was a Boy Scout; it was two metal rods hinged together at one end with handles at the other, sort of like a nutcracker, but the arms were about two feet long. Near the hinge on each rod was a circular dished metal plate. You buttered two slices of bread, put one on one of the plates, added some filling (jam, meat, PB&J, etc), put the other slice on top, and closed the arms; this clamped the two plates together, cutting off the crust and sealing the 'sandwich' inside; you then stuck it into a fire to brown the bread, giving you a sort of pasty or fruit pie (depending on the filling. And this was back in the late '60s, so 'prior art' has been around for a while.

  69. Re:Watch out for patent reform in the next few yea by JohnnyNoSPAM · · Score: 1

    Yes. Sooner or later fellow Americans will get fed up with this kind of nonsense.

    Imagine the day when celebrities try to patent hair styles. Geez... Unless we have more rulings like this, it's coming.

  70. [OT] Re:"Uncrustables" by Short+Circuit · · Score: 1

    --
    The list is an absolute good. The list is life. All around its margins lies the gulf.


    I can imagine some poor guy repeating that to himself after being stuck on a slowly sinking boat in the Gulf of Mexico for eight years...

  71. There is nothing wrong with patent law ... by mamladm · · Score: 3, Insightful

    ... the problem is ENFORCEMENT.

    We don't need to do anything about patent law. What we need desperately is to do something about proper enforcement of the existing rules.

    Patent law forbids granting patents on inventions for which there is prior art. Yet there is a flood of patents for which there is prior art which is against existing patent law.

    Patent law forbids granting patents on inventions which are obvious deductions from prior art. Yet there is a flood of patents which do not meet the criteria of non-obviousness, again against existing patent law.

    Patent law also forbids granting patents on applications which are not described in enough detail to allow persons skilled in the art to carry out the invention (ie build the apparatus). Yet there is a flood of fuzzy patents which were not specified in the required detail, yet again against existing patent law.

    The one primeval problem there is with the patent system today is that enforcement of existing legislation is anywhere from too lax to non-existant. That is the issue we ought to acknowledge and do something about.

    The fact that we, the public, do not acknowledge this to be the root cause, that we usually talk nonsense when it comes to patent issues, that we consequently do not lobby for better enforcement, this only works into the hands of those who abuse the system, who take advantage of the lack of enforcement of patent law.

    --
    the macintosh asterisk mailing list http://www.astm
    1. Re:There is nothing wrong with patent law ... by Anonymous Coward · · Score: 0

      Sure there is something wrong with patent law. I find it an unacceptable restriction of our freedoms that current patent law makes it illegal to merely use a patented technology, if you don't have a license from the patent holder. It is even more unfair that independent reinvention is not a valid defense in a patent infringement suit: even the most ethical of technology developers, with no malicious intent whatsoever, can be forced to pay damages to someone he had never even heard of.

    2. Re:There is nothing wrong with patent law ... by zotz · · Score: 1

      Just because what you are saying concerning the problems caused by the lack of enforcement of current law is true, that doesn't mean that there is not something wrong with the current law as well. There is. Certain things that should not be legally patentable, are. However, will it help if the law gets fixed if there is still improper enforcement?

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
  72. Re:ooohhh... by Anonymous Coward · · Score: 0

    Oh shits, April 15! I just got that! That's fucking hilarious!

  73. Re:What's next - patenting how Mom makes Hash Brow by xstonedogx · · Score: 3, Funny

    So that's the trick: Make sure any prior art has already been eaten.

  74. Re:ooohhh... by Anonymous Coward · · Score: 0

    Tell me something. How the hell does "Poop for peace day" get a -1, Offtopic, when " Your mom said that when I showed her my cock" gets a 1, Funny? This is dumber than that fucking peanut-butter and jelly patent. If anybody needs me, I'll be bitching myself to sleep.

  75. gays are funny by Anonymous Coward · · Score: 0

    Gaylord, Mich.

    Heh. Gaylord.

  76. Re:What's next - patenting how Mom makes Hash Brow by Stephen+Maturin · · Score: 1

    Instead I try and work hard and earn money from my clients by doing a better job faster.
    By posting on Slashdot?

    --
    Non tam praeclarum est scire Latine, quam turpe nescire
    -- Cicero
  77. Re:What's next - patenting how Mom makes Hash Brow by aichpvee · · Score: 1

    Only 2 chicks at the same time? What, do you have a heart condition?

    --
    The Farewell Tour II
  78. I got it... by ImaLamer · · Score: 1

    In Soviet Russia Government Patents You!!!

  79. You're wrong about the justification for patents by mamladm · · Score: 1

    You are mistaken about the justification for patents.

    The only reason for the patent system is to give incentive to inventors to publish their inventions instead of keeping them secret, thus enriching the public domain. All patents end up in the public domain. It's a BARGAIN, not an award.

    Any patent attorney will confirm this. Just ask one. If you don't know any, just google for "patent bargain" or visit the CIPA website (chartered attorneys of patent agents) ...

    http://www.cipa.org.uk/pages/advice-patents

    --
    the macintosh asterisk mailing list http://www.astm
  80. because of massive media attention by Anonymous Coward · · Score: 0


    probably because it was world news (TV and press) and any other verdict would of been embarrasing (not that other certain events dont seem to embarrass USA already)

    we in the rest of the world are still laughing and pointing at you though, see you in court !

  81. Re:As a lazy-ass by Mancat · · Score: 0, Flamebait

    They now also make crustless bread for lazy asses like him. Of course, the bread is being marketed to CHILDREN. Original poster, please grow up!

    --
    hello dear sirs my name is jamesh i are india (bihar) can u guide me install red had linux 9?
  82. Don't like ridiculous patents? by Anonymous Coward · · Score: 0

    This is a perfect opportunity to demonstrate opposition to patents that never should have been issued in the first place, and for attempting to step on the small businesses with these frivolous patents. Show the companies who use patents such as these to stifle competition and to step on small businesses and add their own tax to consumers' wallets that you will exact a penalty on them if they continue such despicable behavior. The best way to do this is to stop buying Smuckers peanut butter and jelly, and to let them know about it.

    While I don't normally buy Smuckers peanut butter, I do buy their jellies. Mostly grape but sometimes other flavors/fruits. Smuckers is now banned in my house. I won't be purchasing anymore Smuckers Jellies, and won't try Smuckers Peanut Butter in the future even if on sale.

    I'm going to let them know via email if they have contact info available, but I'm also going to start linking their name with the patent lawsuit action they started, to the news story, back to their page. Slashdot readers should do the same. A good Googlebomb will get their attention, so that when someone searches for Smuckers on Google (many less technical users use search engines to locate sites such as smuckers.com), some of the top ten hits will contain info on the patent lawsuit.

    May not be a huge hit on their bottom line, but consumers swearing off their brand for years to come will get their attention. And more importantly, if the Googlebomb/linking is done sufficiently, then a news organization doing a story on patents may cover the issue or at least mention it, bringing more negative publicity to the company.

    You have to show the companies that their are negative consequences to using frivolous patent, not just advantages. And you have to bring this to the attention to the general public. This is a perfect example of something the general public, something that soccer moms can understand. If they understand why patenting peanut butter and jelly sandwiches are bad, then it may help them to understand why software patents are bad.

    So for Smuckers Peanut Butter & Jelly patents, whether on "crimping" or on a different patent for crustless peanut butter & jelly, show the companies that you have a long memory and that they will be taking a financial hit no matter how small because you will no longer purchase their products due to their use of frivolous patents.

    With the soccer moms able to grasp the situation with frivolous patents thanks to PB & J sandwiches they make for their kids' school lunches, maybe enough Senators and Congressmen will show a little vulnerability on this issue during the next election and decide to go after soccer moms' votes, along with the greater population of tech end users as compared to tech company suits.

    The last thing directors of a public traded company want is publicity surrounding a boycott of their company. If you are serious about opposing software patents, this PB & J issue is a perfect opportunity to put your shopping and eating habits where your mouths are, and to attempt to make a difference. All it takes is the numbers of users who view slashdot, and a little publicity. Do it today. Avoid purchasing Smuckers products and let them know why. And then Googlebomb the links from the news on the patent lawsuits to the companies. frivolous patents

  83. Re:As a lazy-ass by lightknight · · Score: 0

    Oh good, name calling. Who's the 2 year old again?

    But, getting to the point, it's more efficent. I could spend 2 hours washing and waxing my car, or 15 min at the local car wash (one of those nice Shell ones) while I grab some snacks (maybe a PBJ).

    Tell me, oh authority of taste (licker of knives) and well of infinite knowledge (./ reader), what you find so redeeming about this 'crust'? It's the burnt part of the bread!

    --
    I am John Hurt.
  84. Re:What's next - patenting how Mom makes Hash Brow by srmalloy · · Score: 3, Interesting
    Unless Smuckers came up with a really unique way of 'crimping the edges' to seal the sandwich, then I'd have to argue against it on the basis of prior art going back to a tool that I first saw back when I was a Boy Scout;

    From doing a search online, they're called 'pie irons', producing what are called 'hobo pies', and can be found from various dealers, including the Fire Pie Trail Store; scroll down to the 'Round Pudgy Pie Iron'. It's moderately amusing that the Patent Office said the "crimped edges are similar to a ravioli or pie crust", though, given that one of the sites selling the pie irons describes their action as "forcing the bread to a round shape, crimping the bread and forming a nice seal around the edge of your sandwich or pie (like ravioli)" -- apparently, not only is there prior art to the actual method of making the sandwiches, but there's prior art to describing the method...

  85. Oh well by merc · · Score: 1

    So much for my BLT sandwich patent...

    --
    It's true no man is an island, but if you take a bunch of dead guys and tie 'em together, they make a good raft.
  86. Re:What's next - patenting how Mom makes Hash Brow by TheAJofOZ · · Score: 1

    In Australia we call them Jaffle Irons or just Toasted Sandwich Makers (yeah, real technical term). I suggest using ham and cheese as the filling though some people like tomato on it too. My Dad likes adding basil but he always was weird...

    Other good options include tinned spaghetti, mince and best of all, traditional italian bolognese.

  87. OMG, Smuckers is patenting Porn & Blow Jobs! by melted · · Score: 1

    OMG, Smuckers is patenting Porn & Blow Jobs!

    Oh, was it PB&J? Never mind. I thought it was P&BJ. I thought the world of slashdot as we know it was coming to an abrupt end.

  88. Re:As a lazy-ass by Anonymous Coward · · Score: 0

    it's cooked, not burned. you're a psycho. and a dumbass. grow the fuck up.

  89. What pisses ME off... by martijn-s · · Score: 4, Insightful

    As a European, I'm amazed that this kind of candy bread is actually spread, pre-manufactured, at schools!

    It's not like we don't know the PB&J over here in Holland but come on, a school should primarily serve a nice fresh cheese sandwich or something else without so much sugar.

    1. Re:What pisses ME off... by Detritus · · Score: 3, Insightful
      Where would they get real cheese?

      This is the land of synthetic imitation cheese-like substances, manufactured in factories that most closely resemble an oil refinery. Who needs cows when you have chemical engineering?

      --
      Mea navis aericumbens anguillis abundat
    2. Re:What pisses ME off... by Anonymous Coward · · Score: 0

      This from the land of the red light district. 9_9

    3. Re:What pisses ME off... by pommiekiwifruit · · Score: 1

      Watch "Jamies Dinners" on UK tv and be shocked by the terrible quality of school food here (turkey twizzlers etc.) - reheated processed junk.

      Lots of cheese is high in fat. Over the last few week I've given up mozarella, gruyere, roquefort, emmenthal, stilton, brie, camembert, feta and just stuck to cottage cheese (which is mostly water :-) and it does seem to help. But oh the humanity! Edam and Gouda I don't miss as much :-) (flavourless dutch cheeses!)

      At school I used to have (and make my own) peanut butter (no jam) sandwiches or vegemite sandwiches, which can't have been that healthy. At least they didn't force feed kids sugar water like they do in the USA.

    4. Re:What pisses ME off... by CYberPhreak · · Score: 1

      As a resident of Wisconsin, America's Dairyland, I resent that.

      --

      Buy the ticket, take the ride.

    5. Re:What pisses ME off... by Detritus · · Score: 1
      My family is from Wisconsin and I was born there. If it was up to me, I'd ban imitation cheese and margarine.

      Eat Cheese or Die!

      --
      Mea navis aericumbens anguillis abundat
    6. Re:What pisses ME off... by martijn-s · · Score: 1

      Well, if you come to Holland sometime, get some real cheese from the street markets, and you'll taste the best of Gouda :-) I do agree that most cheese here is quite flavourless (not riped as long) and lots of people do prefer it.

    7. Re:What pisses ME off... by pommiekiwifruit · · Score: 1
      I have occasionally (in Utrecht IIRC) which is slightly better than supermarket cheese, but it doesn't compare to e.g. Poitiers :-)

      But then the dutch contribution to world cuisine is salt licorice sticks and FEBO satay croquettes, and the world said no :-)

    8. Re:What pisses ME off... by Catnapster · · Score: 1

      American schools know nothing about food. PB&J is only the start.

      In elementary school, expecting the food to be made well (i.e. not still half-frozen) was foolish, expecting it to taste good was absurd, and expecting it to be fresh was utterly delusional. The administrators equated "healthy" with "bland" and so the offerings were always greasy, fatty and/or sugary, but still managed to be unpalatable. We didn't tease the kids whose mothers prepared them lunch - we envied them.

      Junior high was a dubious improvement. You could choose what half-frozen low-quality grease-drenched food-like substance you wanted to eat, which was nice. Of course, you had to pay for it, despite the massive education budgets and miserable teacher salaries we Americans enjoy. So, it was kind of a trade-off. Keep in mind that it's still the same nearly-inedible stuff they gave us for free in elementary school. Thankfully, junior highs have soda machines, so I usually just drank a few bottles of Mountain Dew and then ate heartily at home. I seem to have turned out quite alright.

      High school food was marginally (marginally) better than junior high food. It cost more, but there was a better variety, and as far as taste it was generally on par with cheap gas-station food. My own high school switched between several suppliers of pizza, some of which produced surprisingly tasty pizza and some of which produced pizza-shaped piles of shit, and would occasionally serve Pizza Hut instead. Pizza Hut is a large chain here in America, and their pizza is stellar compared to school pizza - even after an hour or three under heat lamps. I usually ate pizza if I hadn't given all my money to a certain girl I spent my lunch periods with, and if the current supplier of pizza was unsuitable to my tastes, I would eat overpriced french fries instead.

      It irritates me mightily to hear the bureaucrats here trumpeting about health initiatives. Their idea of health initiatives is getting rid of soda machines in favor of sports drinks (which are pretty sugary themselves) and processed, flavored milk (which is just as sugared up as the sports drinks yet still tastes terrible). I always found it ironic to see the obese Mormon kids who never drank soda, when my scrawny friends and I drained bottle after bottle.

      I always wished they'd stop kidding themselves have actual fast-food outlets in schools. Contrary to what politicians try to tell you, it wouldn't be any less healthy than what they had.

      --
      The world can be wrong today for once.
  90. So wait... by MrNonchalant · · Score: 1

    Slashdot posts about a legal threat in a town called Gaylord and there isn't yet a 5 Funny modded post yet?

    Shame on you all, I expected better.

    1. Re:So wait... by Anonymous Coward · · Score: 0

      We're not all homophobic like you.

  91. Re:As a lazy-ass by Jah-Wren+Ryel · · Score: 1

    Oh good, name calling. Who's the 2 year old again?

    It ain't name calling if it is the truth.

    But, getting to the point, it's more efficent. I could spend 2 hours washing and waxing my car, or 15 min at the local car wash

    If it takes you 2 hours to make a PB&J then you've got a major disability.

    Tell me, oh authority of taste (licker of knives) and well of infinite knowledge (./ reader), what you find so redeeming about this 'crust'? It's the burnt part of the bread!

    a) It is not burnt, if it were burnt it would be carbonized
    b) It's kind of like peeling an apple. There's nothing particularly redeeming about it, just not worth the effort of avoiding - something a person so focused on efficiency would have figured out long ago.

    --
    When information is power, privacy is freedom.
  92. Re:As a lazy-ass by mrchaotica · · Score: 1

    Bah! Crustless bread is an evil scheme to get people to buy more bread, because it goes stale more quickly.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  93. Re:As a lazy-ass by lightknight · · Score: 0

    "It ain't name calling if it is the truth."

    My point exactly. Go home, little girl.
    Tell your mom I said hi.

    "If it takes you 2 hours to make a PB&J then you've got a major disability."

    If it takes you more than a minute to realize that was an analogy, you have a major disability. Didn't score high on that verbal section, did you?

    "a) It is not burnt, if it were burnt it would be carbonized"

    Main Entry: 2burn
    Pronunciation: 'b&rn
    Function: verb
    Inflected Form(s): burned /'b&rnd, 'b&rnt/; or burnt /'b&rnt/; burning
    Etymology: Middle English birnen, from Old English byrnan, v.i., bærnan, v.t.; akin to Old High German brinnan to burn
    intransitive senses

    3 a : to undergo alteration or destruction by the action of fire or heat

    Alteration by heat.

    "b) It's kind of like peeling an apple. There's nothing particularly redeeming about it, just not worth the effort of avoiding - something a person so focused on efficiency would have figured out long ago."

    Hmm, buy an apple at the store, take it home, wash it off, then eat it or just buy the thing pre-peeled and eat it on the spot. Hmm, wonder which way is more efficent.

    --
    I am John Hurt.
  94. Re:What's next - patenting how Mom makes Hash Brow by johannesg · · Score: 1
    Ham and cheese is good. So is apple, sugar, and cinnamon. And so is cream cheese, salami, and... something I honestly don't know what it is called in english ;-) 20cm long, round, green stalks, you can easily grow it yourselves. this ;-)

    I have one of those "jaffle irons", which I inherited from my grand mother. She used to make toasted bread with it for most of her life, apparently...

    Any other recipes will be gladly accepted...

  95. Ummmm, Recipe? by d474 · · Score: 1

    How the fnck can you patent a fncking recipe? Why are they treating a recipe as an patentable invention? IT'S FOOD for fnck sake!!!

    So you do something unique and it now becomes intellectual property?

    *(God, I'm ready for Armageddon when ever you are)*

    --
    Authority questions you. Return the favor.
  96. Re:What's next - patenting how Mom makes Hash Brow by Anonymous Coward · · Score: 2, Interesting

    Actually, I've been making P&J sandwitches for ages, only I mostly replaced the P with butter. And sometimes I replaced the J with P, or even other stuff.

    When I took those sandwiches to work that butter made sure that the J (or other stuff) stayed in the middle untill my noon break, when I ate them.

    Would those sandwiches be considered "prior art", or would they, as they are "so similar", be falling under the P&J -patent too ?

  97. Jam, jelly, preserves, marmalade by some+guy+I+know · · Score: 4, Interesting
    Marmalade includes the skin ("zest") of citrus fruit.
    I think that preserves are like jam, but even chunkier.
    Preserves might not include pectin, but don't quote me on that.

    OK, here are some "official" definitions:
    • jam: A preserve made from whole fruit boiled to a pulp with sugar.
    • jelly: A soft, semisolid food substance with a resilient consistency, made by the setting of a liquid containing pectin or gelatin or by the addition of gelatin to a liquid, especially such a substance made of fruit juice containing pectin boiled with sugar.
    • marmalade: A clear, jellylike preserve made from the pulp and rind of fruits, especially citrus fruits.
    • preserves: Fruit cooked with sugar to protect against decay or fermentation.
    So my earlier definition was slightly off, in that jam is apparently cooked with sugar (although I've bought stuff labeled "jam" that had no sugar in it at all).

    Here are the relationships between the various substances, as I understand them:
    class fruit_derived_topping { /* etc. */ }
    class jelly : fruit_derived_topping { /* etc. */ }
    class preserves : fruit_derived_topping { /* etc. */ }
    class jam : preserves { /* etc. */ }
    class jelly : preserves { /* etc. */ }
    Or, in Python:
    class fruit_derived_topping:
    # etc.
    class jelly(fruit_derived_topping):
    # etc.
    class preserves(fruit_derived_topping):
    # etc.
    class jam(preserves):
    # etc.
    class jelly(preserves):
    # etc.
    I hope that this helps distinguish between the various types of delicious fruit-derived toppings for sandwiches, English muffins, etc.

    Lameness filter encountered. Post aborted!
    Reason: Please use fewer 'junk' characters.
    Lameness filter encountered. Post aborted!
    Reason: Please use fewer 'junk' characters.
    Lameness filter encountered. Post aborted!
    Reason: Please use fewer 'junk' characters.
    Lameness filter encountered. Post aborted!
    Reason: Please use fewer 'junk' characters.
    --
    Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
    1. Re:Jam, jelly, preserves, marmalade by Zeinfeld · · Score: 3, Funny
      Or, in Python:
      class fruit_derived_topping:
      # etc.

      No, in Python thats:

      Sausage egg and jam, bacon egg and jam,
      (Viking chorus) Jam! Jam! Jam! Jam! Jam! Jam! Jam! Jam! Lovely Jam! Wonderful Jam!

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
  98. more mom techniques by Xtifr · · Score: 2, Funny

    when making a PBJ, the J seeps through the bread. To solve that problem, Smuckers put PB on BOTH pieces of bread.

    Gee, when I was a kid, my mom taught me to put regular butter on the jam side for exactly that reason. If only we'd known it was such an "innovative" idea, I'd be the son of a millionaire right now! :)

    Or maybe it's the use of peanut butter instead of regular butter that makes it quite so new and innovative and inobvious? Yeah, substituting peanut butter for butter on a PBJ - nobody would *ever* think of that!

    Anyway, I just had myself a patent-violating sandwich to, er, celebrate. :)

  99. Ack! Errata! by some+guy+I+know · · Score: 1

    The second "jelly" class definition (the one following the "jam" class definition) in each of the C++ and Python code sections in the parent post should instead be "marmalade".
    I most humbly and fruitfully apologize (USA) / apologise (UK) for any confusion that this may have caused.
    Also, I forgot to mention that the code is copyright 2005 by me, and is licensed under version 2 of the GPL (not that new controversial version 3).

    --
    Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
  100. More Slashdot Future News... by NanotechLobster · · Score: 1

    Smuckers has now filed lawsuits against PB&J pirates. However a new PB&J making network "PeanutTorrent" has made it harder for Smuckers to track illegal sandwich makers.

  101. Re:What's next - patenting how Mom makes Hash Brow by RajivSLK · · Score: 1

    That looks like "wheat grass" to me. Hope that helps.

  102. Re:What's next - patenting how Mom makes Hash Brow by Tim+C · · Score: 2, Insightful

    That sounds like a mechanical/manual version of one of these. You've been able to buy things like that here in the UK for at least 20 years. Same idea - switch that on and it heats up, make a sandwhich, put it in, close the toaster and it cuts and crimps it while it cooks it. I recommend buttering the *outside* of the bread, it makes it brown nicely.

  103. Re:What's next - patenting how Mom makes Hash Brow by Anonymous Coward · · Score: 0

    toasted sandwich makers are very popular in britain and ireland, especially among students. They're usually called "Toastie Makers" and they produce "toasties".

  104. In other news... by Trunkboy · · Score: 1

    Serta files for a patent on, "waking up in the morning"

  105. Re:As a lazy-ass by Anonymous Coward · · Score: 0

    > Alteration by heat.

    Ha-ha! Gayest rebutal, ever!

    Better throw out the entire loaf since the entire thing was "altered by heat" (also known as baking).

  106. Approval no longer requiers prior art search?!? by a_greer2005 · · Score: 1

    There is 200 or more ysars of prior art here, Every technique has been done, from PB on both slices, th crimping, to cutting the crust...If this can get a patent in the first place, well, maybe I should try to patent the process of taking a shit and sue EVERYONE, it makes as much sence.

  107. Re:What's next - patenting how Mom makes Hash Brow by burdalane · · Score: 2, Informative

    I only started making PB&J sandwiches recently because my mom never made them when I was a kid. I put PB on both slices because it didn't occur to me to only put it on 1 slice. (I mean, something should go on the other slice, right?) Well, no cease-and-desist letters for me!

  108. Stop with the informatives on meaningless posts by Ada_Rules · · Score: 3, Informative
    Those things aren't very healthy. They are high in sodium (260mg), as most prepackaged foods are. You're much better off making a PBJ from scratch. The regular jar of Smuckers Jelly has 0mg sodium in it.
    Yes yes..Evil company is bad sticking sodium into this food so they can kill our children...I love how you point out that Jelly has 0 mg of sodium and yet these things have 260 mg... Gee..I wonder why..

    Let me go make my own..Ok..I'll start with 2 slices of healthy wheat bread. Add a serving of peanut butter and top it off with that special 0 mg jelly you found.

    Bread - 128mg sodium per slice = 256 mg

    2 Tbsp of peanut butter =150 mg

    Total for my homemade version = 406 mg sodium

    Whew, thank god a dodged that corporate bullet and made my own at home.

    --
    --- Liberty in our Lifetime
    1. Re:Stop with the informatives on meaningless posts by technothrasher · · Score: 1
      Total for my homemade version = 406 mg sodium

      Well, to be fair, that's YOUR homemade version. Using low-sodium bread and sodium-reduced peanut butter, both readily available at the supermarket if you don't want to make your own, you can get that number down to more like 72mg (7 mg in the bread, 65 in the peanut butter).

      But still, I agree you, the grandparent poster was being a bit knee-jerk. 260mg isn't all that bad for pre-packaged food.

    2. Re:Stop with the informatives on meaningless posts by Caseyscrib · · Score: 1
      At what point in my post did I say they were evil greedy corporate bastards? I simply stated that a high sodium diet is not healthy for people, and the premade PBJ's they sell have a high amount of sodium.

      Out of curiousity I went into my closet and found Super Chunk Skippy PB and Market Basket Giant White bread. The PB has 140mg sodium and 190 Calories, and the bread has 138mg sodium and 60 Calories. When we multiply the bread times 2 we get 276mg sodium (or 69 Cal) and 120 Cal total.

      So the final results...
      Homemade Sandwich: 104 Cal from Sodium, 310 Calories Total = 33.5% from Sodium
      Their Sandwich: 65 Cal from Soduim, 210 Calories Total = 31% from Sodium

      It's not a huge difference, but I stand corrected as the premade PBJ is lower in sodium. FYI, I picked Jelly by chance, although I admit I should have checked the PB and Bread too. I guess both are okay for you (25-35% is the healthy range for sodium content in foods).

    3. Re:Stop with the informatives on meaningless posts by AJWM · · Score: 1

      Homemade Sandwich: 104 Cal from Sodium, 310 Calories Total = 33.5% from Sodium
      Their Sandwich: 65 Cal from Soduim, 210 Calories Total = 31% from Sodium


      What the heck are you talking about?! Sodium has no calories. Calories come from carbs (carbon, hydrogen, and oxygen), fat (carbon, hydrogen, and less oxygen), and protein (carbon, hydrogen, nitrogen and oxygen).

      Calories from sodium? Man, that'd be one exciting sandwich! (Ever seen elemental sodium burn?)

      --
      -- Alastair
    4. Re:Stop with the informatives on meaningless posts by Anonymous Coward · · Score: 0

      That's robot food.

    5. Re:Stop with the informatives on meaningless posts by Caseyscrib · · Score: 1

      I apolgize. It was 2:30 in the morning when I wrote that, I wasn't thinking clearly. But you are right.

  109. Re:What's next - patenting how Mom makes Hash Brow by Anonymous Coward · · Score: 0

    Sliced banana and choclate spread.

    A friend once ruined a toasted sandwich maker trying to use Blackjacks; small chewy aniseed flavoured sweets. I have no idea what he was thinking.

  110. Re:What's next - patenting how Mom makes Hash Brow by Impy+the+Impiuos+Imp · · Score: 1

    I used to wonder why the makers were so stupid they never made them big enough for a slice of bread. Then I realized it was supposed to be pinching the edges closed.

    Now I just wonder why the stupid makers always put stupid nooks and crannies everywhere where melted chese and grease runs such that it's difficult to clean without a wet paper towel and toothpick.

    Hello, Tefal? HELLOOOOOOOOOOOOOOOOOOOOOOOOO?!?!?

    I sniff a marketting opportunity! The truly (not lying) e-z-clean sandwitch maker.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  111. Australian man patents the wheel by Cadmandu · · Score: 1

    Sorry but the wheel is being patented by an Australian man. Link from the BBC http://news.bbc.co.uk/1/hi/world/asia-pacific/1418 165.stm

    --
    Now where is my Cloak of Invisibility
  112. Hey Smuckers by Nonillion · · Score: 1

    I will NOT BUY any of your products simply because you attempted to get this frivolous patent. Any food and or food making process should NEVER be patented. Food wants to remain open, you know, like software.

    --
    "I bow to no man" - Riddick
    1. Re:Hey Smuckers by jkubecki · · Score: 1
      Food wants to remain open, you know, like software.

      Have you never even seen Crustables(TM)? They're closed, that's the whole idea.

      Sorry, couldn't resist...

  113. Eww by Anonymous Coward · · Score: 0

    Why would anyone eat a sandwich with peanut butter and jam? Sounds like a terrible combination...

  114. Re:What's next - patenting how Mom makes Hash Brow by gaj · · Score: 1

    That likes like chives to me.

  115. Whoohoo! by designerboy · · Score: 1

    I can finally eat my pb&j sandwiches in peace!

  116. A nickel for every blowjob? by BancBoy · · Score: 1

    " I'd like to get a nickle everytime your girlfriend gives you a blow job." If the stories are true, /. readers will not be making you very much money... Better try one of those ... 3. Profit model ideas.

    --
    [UID-HeinzIntel]
  117. Re:What's next - patenting how Mom makes Hash Brow by Anonymous Coward · · Score: 0

    I'm sorry, I read that as Hash Brownies.

  118. Re:What's next - patenting how Mom makes Hash Brow by AmberBlackCat · · Score: 1

    There should be a person hired as the first person one meets when entering a patent office. And this person's only job should be to occasionally say "shut the fuck up".

  119. Peanut Butter in School? by BuffaloBill · · Score: 1

    With all the kids that go into shock as a reaction to peanut butter, it would seem irresponsable to include it on the lunch menu. Its a problem and with our friendly lawyers today it would seem to open Smuckers to a massive lawsuite when a student expires from the reaction. (Uh...the school nurse is either fired due to the budget, or is forbidden to administer the antidote!) Besides who likes Peanut Butter anyway, cream cheese and strawberry is a better dish.......

  120. Re:What's next - patenting how Mom makes Hash Brow by Citizen+of+Earth · · Score: 1

    the Patent Office said the "crimped edges are similar to a ravioli or pie crust"

    Shouldn't the patent office instead be saying something like "rimped edges are similar to but legally distinct from a ravioli or pie crust".

  121. Maybe it's just me... by Anonymous Coward · · Score: 0

    But this news really dosen't make me any less hungrier.

  122. Re:What's next - patenting how Mom makes Hash Brow by tenton · · Score: 1

    If the veggie in question is called bieslook in Dutch (assuming Dutch, because of the .nl in the website, assuming bieslook because of the image name) according to a dictionary, those would be chives.

  123. Re:What's next - patenting how Mom makes Hash Brow by kaszeta · · Score: 1
    Maybe I can sue anyone who tries to use the technique my Mom uses for making Hash Browns?!?

    Until your mom turns around and sues your ass for stealing her intellectual property rights.

  124. Re:What's next - patenting how Mom makes Hash Brow by TheHonestTruth · · Score: 1

    No because that's the reason they are rejecting it. The crimping is not legally distinct.

    --

    I had a steady B+ in my AI class until I failed the Turing test...

  125. Re:What's next - patenting how Mom makes Hash Brow by Anonymous Coward · · Score: 0

    RE: "Smuckers put PB on BOTH pieces of bread. And patented that!"

    This post was modded "Informative," but I assume you were joking. Their existing patent is for a "sealed, crustless sandwich"

    From the WSJ article:

    The Uncrustable sandwich was developed in 1995 in Fargo, N.D., by Len Kretchman and David Geske, two fathers who began mass-producing them for Midwestern schools. Smucker, based in Orrville, Ohio, spotted their success and bought the company. Patent rights on a "sealed, crustless sandwich" were granted shortly after that, in December 1999.

  126. Re:What's next - patenting how Mom makes Hash Brow by davebarz · · Score: 1

    Actually, your mother's recipes for hash browns would be a trade secret, not a patent.

  127. WTF OMG LOL by mcmonkey · · Score: 0, Troll

    I have no time for those who think life is too short to take the time to comment on someone commenting about a comment about who takes time to make some sort of crap.

  128. How did I get this one through the patent office? by rice_burners_suck · · Score: 1
    I have just received patent number 2874983274, Method And Apparatus For Taking A Dump. This patent describes a process for depositing a turd into a toilet which is painted chartreuse with periwinkle polkadots and olive green stripes. This valuable intellectual property creates tremendous value for my ass.

    Of course, I am now going to file a lawsuit against everyone in the country, because they all take dumps (though not necessarily in a toilet exactly like the one I described), and therefore, they must pay me royalties each time they do so.

  129. Re:As a lazy-ass by ces · · Score: 1

    what you find so redeeming about this 'crust'? It's the burnt part of the bread!

    Well when you bake bread you really can't help but make it with a crust.

    Now I happen to like crusts, but then I either bake my own bread or buy fancy artisnal bread fresh from a bakery. These breads typically have a nice chewy crust to them.

    I agree that the crust on most mass-market breads especially your typical white bread like Wonder seems rather pointless. (then to my mind most mass market bread is rather pointless)

    --
    Happy Fun Ball is for external use only.
  130. Re:What's next - patenting how Mom makes Hash Brow by dacaldar · · Score: 1
    www.komar.org ... seems familiar...

    Oh yeah... the Christmas lights guy...

    So how do we know those are REAL hash browns!? Maybe you pre-cooked them and then placed them on the grill for the photos...

    Here's some bedtime reading for Alek.

    ;)

  131. Re:What's next - patenting how Mom makes Hash Brow by pnutjam · · Score: 1

    Those are chives...
    My wifes family makes a wrap where they take cream cheese, add some milk and whip it until it is creamy. Then you put a spoonful on a slice of lunch meat and wrap it around a chive, it's pretty good.
    She calls them onion wraps.

  132. Amazon does have prior art: Bartending by Anonymous Coward · · Score: 0

    Previously everyone was requiring multiple confirmations in order to purchase items online. Someone at amazon decided it would be easier to allow purchases with a single click.

    People were initially taught to be very distrustful of giving out personal information to companies on the Internet. Eventually, people grew more used to the notion that companies would be retaining data about them. Amazon's method only works when people trust them with their identification: that's social change, not a patentable phenomenon.

    Since no prior art was found of online shopping systems in which purchases were made with a single action (i.e. click) the patent was granted.

    There are many shopping systems where purchases are made with a single action! You shouldn't just be able to add "on the Internet" to a patent claim, and have it magically granted.

    For example, when I go to a bar, I point to my empty glass (one action), and I get another beer. The bartender identifies me, identifies my request (for beer), sends me what I wanted (the beer), and bills me. Amazon does the same thing, except I point with a mouse, there's a shipping delay because of the distance, and Amazon doesn't sell beer.

    Just because the invention of one click shopping is not difficult to implement does not mean that it is not novel or non-obvious.

    No, what makes it obvious is that it's a centuries old business practice. Since you admit that this centuries old business practice is "not difficult to implement": where is this sweeping innovation that is 20 years ahead of it's time? I don't see any here.
    --
    AC

  133. Crying out loud by Blitzenn · · Score: 1

    It's people like you who think that way that ruin everything for everyone. If we started removing things that everyone had a reaction to, we would have to remove ALL food from school. For every type of food there is, we now have someone who will become deathly ill when they eat it. Grow up.

    Whatever happened to natural selection anyways? Was it banned when I had my back turned?

  134. Changing the subject by Tassach · · Score: 1
    Quit changing the subject The question wasn't whether it was moral or not to take her off of the feeding tube -- the question was whether or not the executive branch (President, Governer) and/or legislative (Congress, state legislature) have the Constitutional authority to override the decisions of the Legislative branch.

    FYI, when a person (like Mrs. Schiavo, or a child in a custody case) is unable to represent their own interests, the court appoints a neutral third party to act on their behalf, called a Guardian Ad Ligtem. It was not a case of the husband's attorney vs. the parents' attorney; it was a case of the husband's attorney AND the guardian ad ligtem against the parents.

    As I said earlier, which you convieniently ignored, the Constitutional issue would be the same regardless of whether the parents' and husband's positions were inverted -- it is a guiding principle of our legal system the Executive and Legislative branches shall not muck with the decisions of the Judicial branch, period, end of story.

    --
    Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?