Spreading the wealth?

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Technology is taking aim at the peanut butter and jelly sandwich.

A federal court in the District is being asked to decide whether there is something so unique about Smucker's peanut butter and jelly sandwiches that it should get a patent.

J.M. Smucker Co. says its method for making "Uncrustables" sandwiches is a new invention because the company wraps the jelly in layers of peanut butter and closes the edges by crimping them together. And there's no crust.

The U.S. Patent and Trademark Office, which has denied J.M. Smucker's attempts to expand its patent rights, says it would be tough to claim anything new about making a peanut butter and jelly sandwich, a staple of American life for generations.

The U.S. Circuit Court of Appeals heard arguments in the case Wednesday and is expected to issue a ruling this summer.

A key question in the case is "whether or not it was new and unobvious to put the jelly inside two layers of peanut butter," said Vicki Margolis, chairman of intellectual property litigation for Venable LLP, a large D.C. law firm.

The company says putting the jelly between layers of peanut butter is unique because it prevents the jelly from soaking the bread.

Equally unique is the source of the dispute.

"I've personally never handled a peanut butter and jelly case, so yeah, it's unusual," said Ms. Margolis, who has litigated pharmaceutical and biotechnology patent cases for her firm. "I think we always have to keep our minds open to how simple solutions to age-old problems are worthy of a U.S. patent. I guess at this point, nothing would surprise me."

However, some critics of the patent system are not amused the issue even became a legal case.