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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".

36 of 388 comments (clear)

  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: 1, Funny

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

    2. 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?"

    3. 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?
  2. 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.

  3. Oh man by Anonymous Coward · · Score: 2, Funny

    There goes my patent on grilled cheese.

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

    Food crumbs in the keyboard.

  5. 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 the+MaD+HuNGaRIaN · · Score: 2, Funny

      No no no...

      In Soviet Russia, Crimps sandwich you!

    2. 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... --
    3. Re:In a post 9/11 world... by Anonymous Coward · · Score: 1, Funny
  6. Trouble by soniCron88 · · Score: 5, Funny

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

  7. 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.

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

    What's for lunch?

  9. With a name like Smucker's by Anonymous Coward · · Score: 4, Funny

    ...it has to be fraud.

  10. 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 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."
  11. 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 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.
    2. 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"
  12. Re:ooohhh... by Anonymous Coward · · Score: 1, Funny

    Your mom said that when I showed her my cock.

  13. 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

  14. 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.
  15. 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.

  16. 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?

  17. 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.

  18. 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."
  19. 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.
  20. 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!

  21. 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.

  22. 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... --
  23. 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.

  24. 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. :)

  25. 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/