2023 (Gyo-Ke) 10046 [Liquid Cleansing Agent for Removing Keratin Plugs] <Miyasaka>
Updated: 2 days ago
Article information
Article type: Case note
Category: Patents
Topics: Inventive step, Numerical limitations and parameters, Support requirement, Added matter
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2024-07-07 (Japan time). Full English translation.
2023 (Gyo-Ke) 10046 [Liquid Cleansing Agent for Removing Keratin Plugs] <Miyasaka>
*In assessing inventive step, a disclaimer claim was equated with an affirmative numerical limitation.
Cf. 2022 (Gyo-Ke) 10125: addition of new matter
*“Excluding those having 0–10 vol%”
⇒ It suffices to examine whether adopting more than 10 vol% could have been readily conceived.
*The infringement action, 2022 (Ne) 10029 <Otaka> = first-instance Tokyo District Court judgment, 2020 (Wa) 22071 <Kokubu>, found a violation of the support requirement.
(Excerpt from the court's reasoning)
…The limitation “excluding those having 0–10 vol%” in the disclaimer configuration at issue defines the range obtained by “excluding those having 0–10 vol%” from “0–100 vol%.” Ultimately, it means nothing other than a range of “more than 10 vol%” (“incorporating more than 10 vol%”). Accordingly, in assessing the obviousness of the configuration, it suffices to examine whether a rationale can be established that a person skilled in the art could readily have conceived of making the amount of surfactant incorporated in the invention in Exhibit Ko 1 “more than 10 vol%” (“incorporating more than 10 vol%”). …The position might be different if the numerical limitation in the disclaimer configuration had a remarkable effect, but the invention at issue is not found to be such an invention.
Update history
The first-published date remains unchanged. Display maintenance, classification changes, related-article updates, and text corrections are recorded separately.
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.
Comments