Eastern District of Wisconsin finds sausage tray obvious using “common sense”on summary judgment motion for noninfringement

Johnsonville v Klement, 2020 WL 1492983 (E.D. Wis. Mar 27, 2020). Johnsonville owns USD 633,754, directed to the ornamental design of a sausage tray, wherein the only solid line features are the curved end walls.  Fig. 12 of the ‘754 patent is illustrative:           Johnsonville sued Klement alleging infringement of the […]

Examiner reversed for relying on “common sense” to supply claim recitation missing from the applied art

Applicants/Appellants in the food arts, rejoice! In Ex parte Elejalde, US Patent Application Serial No. 14/119,935, Appeal 2019-003528 decided November 21, 2019 (Ex parte Elejalde), the claims recite a pan coating process using two drums.  A liquid is taught to be applied in the first drum, and a powder applied in the second such that […]