Fed. Circ. OKs Rejection Of Fruit Container Patent Application

Law360 (March 26, 2020, 7:02 PM EDT) -- The Federal Circuit on Thursday affirmed the Patent Trial and Appeal Board's rejection of a patent application for a fruit ripening container, finding that the board correctly determined the invention was rendered obvious by prior art.

In a 15-page nonprecedential opinion, a three-judge panel affirmed the PTAB's decision to reject Raymond Clarke and prepackaged food company Landec Corp.'s application covering a container for storing and ripening "respiring biological material," such as fruits.

The board had found that the combination of an earlier patent known as De Moor, which disclosed a fruit container that is permeable to oxygen and carbon dioxide, along...

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