A patent covering packaging to store and ripen fruits was rightly rejected because its invention was disclosed by earlier patents, the Federal Circuit said Thursday, upholding a decision of the U.S. Patent and Trademark Office.
Raymond Clarke and Landec Corp. applied for a patent covering a type of packaging for “respiring biological material,” like fruits. Fruits are often exposed to a hormone to speed up ripening after being shipped. Among other things, the packaging provides a pathway for oxygen, carbon dioxide, and the ripening agent to enter or leave the container, the application said.
The USPTO rejected Clarke’s application, finding ...