Observations Vol. CLXXXI

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By Chris Cosci

By themselves, peanut butter and jelly are enjoyed by people around the world. Put them together between two slices of bread and you have a sandwich that's hard to top in the list of comfort foods. The peanut butter and jelly sandwich is in an elite society of sandwiches, along with the BLT, that can be referred to simply by its initials. Nobody's going to walk into a deli and order a salami and mustard sandwich by its initials.

While PB&J is usually considered a sandwich for children, plenty of adults crave the delicious combination of sweetness and saltiness. In fact, many people credit World War II soldiers with popularizing the sandwich, having created it from the few ration menu items available during the war. And to think that some people say war isn't good for anything.

Recently, research company Harris Interactive conducted a groundbreaking survey for The J.M. Smucker Company (maker of Smucker's jelly). Over 1,000 adults and children were polled to find the most popular flavor of jelly used in making PB&J. This is just the kind of hard-hitting data that can change lives.

After tallying the results, the big winner was grape. Grape jelly was preferred by a whopping 49% of children ages 8 to 17. For adults, the number was a more moderate 40%. Close on grape's heels was strawberry, selected by 38% of children and 36% of adults. Bringing up the tail end of the survey were raspberry and blackberry. Somehow, Smucker's mint flavor apple jelly failed to make the list. There's always next year.

The poll didn't just ask about the favorite flavor of jelly -- what a waste of time and money that would be. It also asked about eating preferences. Not surprisingly, 33% of children claimed that they prefer to eat their PB&J with no crust. While this is far from a majority, it's still a considerable percentage. It's this common request that inspired Smucker's to market a pre-made PB&J sandwich without the crust.

This product is called Uncrustables, and it's sold in the frozen food section of grocery stores. When you're in the mood for a crustless PB&J, just pull one out from the freezer, let it thaw for 30 minutes, and you're all set. You could also take some peanut butter, jelly and bread and make your own sandwich in a fraction of the time, but who has the energy for that?

Capitalizing on human laziness was a smart move for Smucker's. What's even more amazing is that in December 1999, the United States Patent and Trademark Office actually awarded the company a patent for what was called a "sealed crustless sandwich." Somehow, Smucker's convinced our government that their method for making PB&J constituted a new invention. In a controversial move, Smucker's began contacting sandwich manufacturers and demanding they stop selling similar products to avoid copyright infringement.

For five dark years, PB&J lovers were forced to comply with the laws and rules of Lord Smucker's. Then came Smucker's worst nightmare -- the U.S. Court of Appeals for the Federal Circuit discovered something astonishing: the patent was for a peanut butter and jelly sandwich! Hello?!? Didn't anybody notice Smucker's was awarded a patent for a sandwich that's been around for over 50 years?

Earlier this month, Smucker's approached the court with a bid to expand the original patent. During the proceedings, attorneys for Smucker's tried to convince the judges that the patent was valid because of the unique process for sealing the sandwich shut. In response, the judge cited, "Well, I seal my sandwiches shut by sitting on them, but you don't see me trying to get a patent!" Okay, he didn't really say that, but man -- that would have been great.

In the end, the patent expansion was denied. Our right to make and sell crustless PB&J sandwiches has been returned. It won't be long before stores are stocked with new brand names like Crust-B-Gone and Aunt Betty's Famous Original Crustless PB&J. The battle for PB&J supremacy will begin. For the competing companies, I offer one piece of advice: avoid the mint flavor apple jelly.