2023 (Ne) 10026 [Belt for a Shoe Press] <Miyasaka> (First instance: Osaka District Court, 2017 (Wa) 4178)
Updated: 1 day ago
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Article type: Case note
Category: Patents
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First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2024-07-11 (Japan time). Full English translation.
2023 (Ne) 10026 [Belt for a Shoe Press] <Miyasaka>
(First instance: Osaka District Court, 2017 (Wa) 4178)
The appellant argues that Ra of 2.0 μm or less “over the entire length” of the drainage groove is unrealistic. However, the claims contain no language that should be interpreted to include cases in which some portions exceed 2.0 μm or the average value is 2.0 μm.
(Excerpt from the first-instance Osaka District Court judgment, 2017 (Wa) 4178)
Claim element 2B provides “characterized in that the surface roughness of the wall surface of the drainage groove is 2.0 μm or less in terms of arithmetic average roughness (Ra),” and the other claim elements likewise impose no limitation on the extent, proportion, or the like for which the surface roughness must be 2.0 μm or less. Specification 2 also contains no statement limiting the extent or proportion for which the surface roughness must be 2.0 μm or less, or describing conditions under which the same functions and effects as those obtained at 2.0 μm or less are achieved even where the surface roughness exceeds 2.0 μm. Accordingly, it is appropriate to construe “the surface roughness of the wall surface of the drainage groove is 2.0 μm or less in terms of arithmetic average roughness (Ra)” in claim element 2B literally as requiring that the wall surface roughness be 2.0 μm or less in terms of arithmetic average roughness (Ra) over the entire length of the drainage groove….
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