2022 (Gyo-Ke) 10127 [Celecoxib] <Miyasaka> (Second judgment) — Correction satisfies support; clarity not satisfied
Updated: 2 days ago
Article information
Article type: Case note
Category: Patents
Topics: Support requirement, Clarity
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2024-07-04 (Japan time). Full English translation.
2022 (Gyo-Ke) 10127 [Celecoxib] <Miyasaka> (Second judgment)
*The correction satisfied the support requirement. Clarity: not satisfied
“Even when attempting to apply common general technical knowledge, there is not even a clue as to which characteristics should be considered in deciding ….” Before even considering impossible or impractical circumstances … clarity is lacking.
(Excerpt from the court's reasoning)
…The specification does not describe what action of the pin mill achieves the low cohesiveness and reportedly improved blend uniformity of “celecoxib particles milled in a pin mill.” It is therefore also unclear whether these properties are achieved by impact mills generally, or only by those impact mills sharing some characteristic with a pin mill. Consequently, it must be said that, even when attempting to apply common general technical knowledge, there is not even a clue as to which characteristics should be considered in deciding whether a particular impact mill is an “impact mill such as a pin mill” within the pin-mill limitation at issue. …Before even considering impossible or impractical circumstances, …the manufacturing method itself recited in the claims lacks clarity….
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November 1, 2026: First published on this website.
November 2, 2026: Added article information, classification, topics, language navigation, related articles where the same case was confirmed, consultation guidance, and SEO. The original text and first-published date were preserved.
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