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2021 (Ne) 10084 [Printed Retroreflective Sheeting] <Miyasaka> — First Raised on Appeal: Rejected as Untimely

4 日前
読了時間: 2分

更新日:3 日前


Article information

Article type: Case note

Category: Patents

Topics: Inventive step, Support requirement

First published on this website: 2026-11-01

Display and classification checked: November 2, 2026


Originally published on Ameblo: 2024-09-26 (Japan time). Full English translation.

2021 (Ne) 10084 [Printed Retroreflective Sheeting] <Miyasaka>

(1) The lack-of-inventive-step arguments (1) and (2), first advanced on appeal, were rejected as untimely!!

(1) The primary reference asserted at first instance + a different secondary reference

(2) An argument changing the interpretation of the primary reference asserted at first instance (the identification of the primary cited invention)

*The judgment does not make clear whether these were asserted in the statement of reasons for appeal.

(2) *The support requirement does not demand exhaustive coverage of every condition and effect that could influence solution of the problem.

“The problem addressed by the invention can be said to be providing retroreflective sheeting with improved hue by solving, through an extremely simple and inexpensive method, the prior-art shortcomings of poor weather resistance and water resistance arising when a continuous printed layer is provided to improve hue in triangular-pyramidal cube-corner retroreflective sheeting, vapor-deposited triangular-pyramidal cube-corner retroreflective sheeting, and the like. Although it cannot be denied that conditions other than whether the printed regions are continuous or separate could affect solution of this problem, the support requirement does not demand exhaustive coverage of those conditions and effects. A person skilled in the art, comparing the claims of the patent and the specification, would be able to recognize that the invention is described as one contributing to solution of the above problem.”

⇒ Support requirement: satisfied



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.

 
 
 
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