2024 (Gyo-Ke) 10002 [Nonwoven Fabric for Civil Engineering Work] <Shoji> — Motivation to change a publicly worked product’s specifications
Updated: 6 hours ago
Article information
Article type: Case note
Category: Patents
Topics: Inventive step, Motivation and teaching away, Design choices
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-04-01 (Japan time). Full English translation.
2024 (Gyo-Ke) 10002 [Nonwoven Fabric for Civil Engineering Work] <Shoji>
*Motivation exists to change the specifications of a publicly worked product.
⇒ Inventive step: lacking
(Excerpts from the court's reasoning)
In the nonwoven fabric for civil engineering work of Cited Invention 1, increasing or decreasing the proportion of black fibers colored with carbon black to improve weather resistance, abrasion resistance and light shielding; prevent reflected light from hindering workers; prevent impairment of the landscape; and suitably adjust the clarity of the mottled pattern used to measure the fabric's elongation is merely a matter of design choice for a person skilled in the art. Moreover, as noted above, it was common general technical knowledge at the filing date that, in a nonwoven fabric for civil engineering work combining white fibers with black fibers colored with carbon black, increasing the proportion of black fibers darkens the mottled pattern, facilitating measurement of elongation based on distances between spots, and also improves weather resistance, abrasion resistance and light shielding and suppresses light reflection. Accordingly, there was motivation to increase the proportion of black fibers above 7.5%. …
Even if compliance with the specifications for the 800Z product is required to maintain its identity or quality, developing and manufacturing a new nonwoven fabric product for civil engineering work based on that product with some specifications changed is something naturally undertaken. The fact that the proportion of black fibers is set at a particular value in the 800Z specifications therefore does not establish an inhibiting factor against changing that value. Nor can the fact that the proportion of black fibers used in the 800Z product is the single-digit figure of 5% be understood as an inhibiting factor against changing it to the double-digit figure of 10%.
Furthermore, …specifying a particular proportion or range for the black fibers is not found to have any particular technical significance, and there was motivation to increase the proportion of black fibers colored with carbon black. Accordingly, no inhibiting factor is found against changing the proportion of black fibers in Cited Invention 1 from the value stated in the above specifications.
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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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