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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&...