2005 (Gyo-Ke) 10366 [Method of Manufacturing Bottles for Carbonated Beverages] <Tsukahara>
Updated: 6 hours ago
Article information
Article type: Case note
Category: Other Japanese law
Topics: —
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-06-29 (Japan time). Full English translation.
2005 (Gyo-Ke) 10366 [Method of Manufacturing Bottles for Carbonated Beverages] <Tsukahara>
*The court stated the general principle that even if it finds a difference obvious where the trial decision found it nonobvious, a decision rejecting invalidation can be maintained if another difference not determined by the trial decision is nonobvious.
The court reassessed Difference 2, which the trial decision had found “nonobvious,” as “obvious,” and then itself examined Difference 1, on which the trial decision had reserved judgment, and found that “obvious” as well.
The reasoning suggests that if the court had found Difference 1 “nonobvious,” the conclusion itself (no ground for invalidity = rejection of the request) could have been maintained even with Difference 2 “obvious.”
In this case, however, Difference 1 was also found “obvious,” so the trial decision's conclusion lost its basis and was rescinded.
*Both parties' consent was obtained.
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