Heisei 17 (Gyo-Ke) 10717 [... Siloxane ...] <Tsukahara>
Updated: 1 hour ago
Article information
Type: Case note
Classification: Patents
Topics: Inventive step, Motivation and teaching away
First published on this site: 2023-12-28
Case number: Heisei 17 (Gyo-Ke) 10717
Display and classification checked: 2026-11-14
Heisei 17 (Gyo-Ke) 10717 [... Siloxane ...] <Tsukahara>
* Planarization is essential in the primary reference, but the secondary reference is unsuitable for it.
⇒ A teaching away exists!!
‘The overcoat layer of Cited Invention 1b must be capable of substantially planarizing the uneven surface of the light-scattering portion, but Cited Invention 3 ... is unsuitable for planarization ... .’
(Extract from the court's reasoning)
... The overcoat layer of Cited Invention 1b must be capable of substantially planarizing the uneven surface of the light-scattering portion. However, there is insufficient evidence that the siloxane of Cited Invention 3 has characteristics suitable for planarization, including its formation method and film thickness; rather, ... it appears unsuitable for planarization. Accordingly, even though both Cited Invention 1b and Cited Invention 3 have light-emitting portions (the organic EL element in 1b and the laminated structure in 3) covered by coating layers (the overcoat layer in 1b and the siloxane in 3), and even though both belong to the same technical field of organic light-emitting elements, those facts alone do not logically establish that a person skilled in the art could readily use the siloxane of Cited Invention 3 in place of the overcoat layer of Cited Invention 1b.
Originally published: 2023-12-28
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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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