IP High Court, Reiwa 6 (Ne) 10069 [Toilet rolls, etc.] <Judge Nakahira>
Updated: 4 days ago
Article information
Article type: Case note
Category: Patents
Topics: Claim interpretation
First published on this website: October 6, 2026
Case information: Reiwa 6 (Ne) 10069 [Toilet rolls, etc.] <Judge Nakahira>
Display/classification checked: October 6, 2026
IP High Court, Reiwa 6 (Ne) 10069 [Toilet rolls, etc.] <Judge Nakahira>
① “Embossing depth” is not defined in the claims.
⇒ The specific measurement method described in the specification (calculating a contour curve from a sectional curve and identifying inflection points P1 and P2) should be followed. The appellant's own measurement methods (such as surface roughness measurement) cannot be adopted.
(Excerpt from the judgment, translated)
<Method for measuring the “embossing depth” of toilet rolls>
The claims for Invention 1 contain no description defining “embossing depth”....
The term “embossing depth” in the claims for Invention 1 should be interpreted as the numerical value measured by the method described in the above paragraphs of Specification 1....
The measurement method described in the above paragraphs of Specification 1 is the same as the method described in the previously mentioned paragraphs of Specification 1.
② Configuration of the package's “slit-shaped finger hole”
⇒ The shape of the handle portion of the package should be assessed in the product's condition before cutting it out.
“Although the centers of the slits in Appellee's Products 1 and 3 are arcuate, both ends curve outward and downward, with their terminal points located inward. The shape of each slit itself therefore cannot be said to be ‘substantially oval.’”
③ Infringement under the doctrine of equivalents
⇒ In light also of the intentional exclusion during prosecution, infringement under the doctrine of equivalents is not established.
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October 6, 2026: First published on this website from the LinkedIn original; article information, classification, topics, source, and consultation guide were added.
2026-10-13: aligned related-article, topic-guide, and other managed links with the articles’ published URLs. The original article text was not changed.
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