Heisei 27 (Gyo-Ke) 10190 [Method for Reducing Environmental Pollutants in Oils or Fats] <Tsuruoka>
Updated: 1 hour ago
Article information
Type: Case note
Classification: Patents
Topics: Inventive step, Motivation and teaching away
First published on this site: 2023-12-27
Case number: Heisei 27 (Gyo-Ke) 10190
Display and classification checked: 2026-11-14
Heisei 27 (Gyo-Ke) 10190 [Method for Reducing Environmental Pollutants in Oils or Fats] <Tsuruoka>
* Replacing some steps of the cited invention with well-known technology would leave two of its three problems unsolved.
⇒ A teaching away exists!!
★ For a patentee, it is strategically advantageous to argue that the primary reference solves multiple problems!!
(Extract from the court's reasoning)
The Ko 1 ... invention ... requires, to solve the problems in D(1) and D(3), ‘performing selective transesterification using lipase to generate an oil composition containing fatty-acid esters,’ followed by molecular distillation to obtain a residual glyceride fraction substantially free of undesired saturated and monounsaturated fatty acids. Replacing this step with ‘externally adding a volatile working fluid to the oil composition’ followed by molecular distillation might solve the problem in ... D(2), but could not solve the problems in ... D(1) and D(3). Thus, adopting in the Ko 1 ... invention the well-known configuration of ‘externally adding a volatile working fluid to the oil composition’ in place of ‘performing selective transesterification using lipase to generate an oil composition containing fatty-acid esters’ would mean deliberately replacing a configuration essential to solving the invention's problems with another that cannot solve them. A person skilled in the art has no motivation to make such a replacement; rather, there is a teaching away ... . ...
The Ko 1 ... invention ... should be regarded as premised on solving the problems in D(1) through D(3) even without ... optional, additional steps, and for that purpose the configuration of ‘performing selective transesterification using lipase to generate an oil composition containing fatty-acid esters’ is indispensable ... . ... Even considering the existence of subsequent steps does not alter the above ... determination ... .
Originally published: 2023-12-27
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Update history
The first publication date and update dates are recorded separately. Display maintenance does not mean that the legal analysis was re-verified.
2026-11-14: Display and classification maintenance (article information, issue tags, language/SEO links, related articles, and consultation path added).
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