Tokyo District Court, 2020 (Wa) 25891 <Shibata> = 2023 (Ne) 10015 [… Filter Cigarette]
Updated: 1 day ago
Article information
Article type: Case note
Category: Patents
Topics: —
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2024-07-25 (Japan time). Full English translation.
Tokyo District Court, 2020 (Wa) 25891 <Shibata>
= 2023 (Ne) 10015 <Hibiku Shimizu>
[… Filter Cigarette]
*Claim language was construed based on a line break immediately before claim element I in the claims and the presence or absence of the word “said.”
⇒ It means that mainstream smoke does not substantially contact the smoke-modifying agent before reaching the mouth end.
⇒ Claim limitation not satisfied
(Excerpt from the court's reasoning)
Claim element I provides that “mainstream smoke passes through without substantially contacting the smoke-modifying agent.” Regarding the location on the cigarette of the “smoke-modifying agent” that the mainstream smoke does not contact, the claims have a line break immediately before “mainstream smoke passes through without substantially contacting the smoke-modifying agent” in element I, separating it from the statements in elements A through H. Nor is there language, such as “said smoke-modifying agent,” limiting the smoke-modifying agent in element I to the configuration described in other claim elements. Accordingly, the claims can be understood as separately describing, through the configurations in elements A through H and the configuration in element I, the configuration of the “cigarette” (element J). Thus, on the wording of the claims, “mainstream smoke passes through without substantially contacting the smoke-modifying agent” in element I can be understood to mean that, in the cigarette of the invention, mainstream smoke generated in the tobacco rod does not substantially contact a smoke-modifying agent before reaching the mouth end.
Translator’s notes (editorial)
Editorial correction: The source summary’s reference to the absence of a line break has been corrected to a line break immediately before claim element I, consistent with page 58 of the first-instance judgment.
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.
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