2021 (Gyo-Ke) 10164 [Conductive Member Using a Copper–Silver Alloy] <Honda>
Updated: 6 hours ago
Article information
Article type: Case note
Category: Patents
Topics: Inventive step, Motivation and teaching away
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2024-12-05 (Japan time). Full English translation.
2021 (Gyo-Ke) 10164 [Conductive Member Using a Copper–Silver Alloy] <Honda>
The reference expressly states that Ni contributes to corrosion resistance. Only Comparative Example 7 lacks added Ni, fails corrosion resistance, and is expressly described as undesirable.
⇒ Adding Ni is essential to solving the cited invention's problem.
—There is a teaching away from omitting Ni.
⇒ Inventive step: satisfied
(Excerpt from the court's reasoning)
Exhibit Ko 16 (Cited Reference 5) was not identified during examination or in advance during the appeal proceedings, but was identified for the first time in the JPO decision…. …Had Exhibit Ko 16 (Cited Reference 5) been presented in a notice of reasons for refusal, …the plaintiff's course of action would have been substantially affected…. …From the standpoint of safeguarding the plaintiff's procedural rights, assessing inventive step of the amended claimed invention using Cited Invention 5 as the primary reference must be regarded as impermissible.
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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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