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We'd all be eating porridge with a spork.

It appears that's allowable now, since the patent has expired.

The spork would undoubtedly have been found infringing and sued out of existence. We'd be eating it with a fork.

Or a paddle/spatula. They might have been able to argue that it wasn't a spoon because there were no raise edges.

Or chopsticks.

Assuming someone hasn't patented a stick.

(Or come to think about it, the chewing process.)

Sticks may be fine, as long as you don't use it to play fetch with your dog later: http://www.google.com/patents?id=hhYJAAAAEBAJ&zoom=4&...