2022 (Gyo-Ke) 10003 [Method of Preventing Attachment of Marine Organisms] <Kanno>
更新日：2 日前
Article information
Article type: Case note
Category: Patents
Topics: Inventive step, Motivation and teaching away, Working of inventions
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2024-11-15 (Japan time). Full English translation.
2022 (Gyo-Ke) 10003 [Method of Preventing Attachment of Marine Organisms] <Kanno>
*No motivation to combine the secondary cited invention with the primary reference to address a problem of the primary reference that the secondary cited invention has already solved
“…These are examples of the invention in Exhibit Ko 5 … and presuppose a diffuser …; a person skilled in the art would not … simply apply only the numerical chlorine-dioxide and hydrogen-peroxide concentrations to the invention in Exhibit Ko 1 … without a diffuser.”
⇒ Inventive step: satisfied
(Excerpt from the court's reasoning)
The invention in Exhibit Ko 5 …presupposes the problem that adding a chlorine agent in the invention in Exhibit Ko 1 generates trihalomethanes, and adopts the solution of first dispersing a hydrogen-peroxide agent at a specified concentration in an industrial seawater-cooling system and then adding a chlorine agent at a specified concentration. It also provides …regarding those specified concentrations…. Thus, the invention in Exhibit Ko 5 itself solves the above problem of the invention in Exhibit Ko 1 and presupposes use of a chlorine agent. A person skilled in the art therefore cannot be said to have motivation to replace the available-chlorine-generating agent in the invention in Exhibit Ko 1 with chlorine dioxide and additionally combine it with the invention in Exhibit Ko 5. Moreover, Exhibit Ko 5 does not contemplate adding chlorine dioxide and therefore does not disclose a particular concentration ratio for it. Accordingly, a person skilled in the art could not readily have conceived the numerical range at issue within Difference 1 by combining the invention in Exhibit Ko 1 with Exhibit Ko 5.
Translator’s notes (editorial)
The summary quotation discusses a diffuser and chlorine-dioxide concentrations, while the longer excerpt addresses chlorine agents. Both supplied passages are translated without harmonizing them.
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.
