HIP, Inc. v. Hormel Foods Corporation

 
APPEAL NO.
19-2076
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Per Curiam

Question(s) Presented

1. “Whether claims directed to an industrial-scale commercial process for manufacturing products (here food products) of a quality ‘resembling’ a traditional, handmade product are indefinite, and thus invalid, when the specification discloses, inter alia, qualitative criteria for assessing the scope of the claimed subject matter, but no quantitative standards or criteria exist for making the claimed comparison?”

2. “Whether industrial-scale commercial processes for emulating a traditional, handmade product are unpatentable as indefinite under §112 (b) unless analytical tools exist to make the claimed comparison?”

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