2023 (Gyo-Ke) 10024 [Applicator for Applying a Transcutaneous Analyte Sensor] <Hibiku Shimizu>
更新日：2 日前
Article information
Article type: Case note
Category: Patents
Topics: —
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2024-07-15 (Japan time). Full English translation.
2023 (Gyo-Ke) 10024 [Applicator for Applying a Transcutaneous Analyte Sensor] <Hibiku Shimizu>
*Even though not stated in the specification, the evidence shows that water vapor transmission rate is expressed either per hour or per day.
⇒ Adding “/24h” to the unit and limiting the water vapor transmission rate to a daily basis does not add new technical matter!??
(Excerpt from the court's reasoning)
…The evidence establishes that water vapor transmission rate is normally expressed on a one-hour or 24-hour (one-day) basis. On that premise, it is self-evident to a person skilled in the art that “less than 10 grams/100 in² or preferably less than 1 gram/100 in²” in Invention 2 of the application means either “less than 10 grams/100 in²/h or preferably less than 1 gram/100 in²/h” or “less than 10 grams/100 in²/24h or preferably less than 1 gram/100 in²/24h”…. Converting “less than 10 grams/100 in²/h or preferably less than 1 gram/100 in²/h” to a 24-hour basis gives “less than 240 grams/100 in²/24h or preferably less than 24 grams/100 in²/24h.” Thus, amended Invention 2 defines water vapor transmission rate within a range identical to or narrower than that recited in the claims for Invention 2. Moreover, nothing indicates that this limitation has any technical significance. Accordingly, the amendment cannot be said to have added new technical matter concerning Invention 2.
Update history
The first-published date remains unchanged. Display maintenance, classification changes, related-article updates, and text corrections are recorded separately.
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.
