IP High Court, Reiwa 6 (Gyo-Ke) 10053 [Wood board] <Presiding Judge Hibiku Shimizu>
Updated: 4 days ago
Article information
Article type: Case note
Category: Patents
Issues: Inventive step, Numerical limitations and parameters, Motivation and teaching away
First published on this website: 2026-10-03
Court: Intellectual Property High Court
Case number: Reiwa 6 (Gyo-Ke) 10053
Display and classification checked: 2026-10-03
IP High Court, Reiwa 6 (Gyo-Ke) 10053 [Wood board] <Presiding Judge Hibiku Shimizu>
Lacks inventive step.
The specification contained no indication that the components functioned interdependently or produced synergistic effects beyond their individual effects, and no description of a mechanism of action. No synergy was established. The JPO did not err in identifying differences 1 and 2 separately.
(1) Obviousness of difference 1: length of wood flakes
Ko 1 stated that an average flake length of 40.0–115.0 mm was preferable. However, that range did not have the same technical significance as thickness or width as a means of solving the problem, and departing from it would not depart from the technical concept.
It was common general knowledge that smaller components yield a more homogeneous wood board with a smoother surface. In light of this knowledge, adjusting dimensions according to the board's use and setting the length at 10–35 mm, as in invention 1, was an exercise of ordinary creativity and readily conceivable. No teaching away was established.
(2) Obviousness of difference 2: homogeneity and absence of knots
“Uniform in size and shape” means that dimensions fall within a certain range, a requirement also met by Ko 1.
The absence of knots is also a usual characteristic of reconstituted material obtained by fragmenting logs.
⇒ Difference 2 was not a substantial difference; even if it were, it was readily conceivable from Ko 1 and common general technical knowledge.
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2026-10-03: First published on this website; classification, article information, and consultation guide were set.
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