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Fruit-Packaging Patent Rejection Upheld by Federal Circuit

March 26, 2020, 5:29 PM

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 ...