2023 (Gyo-Ke) 10053 [Pellicle Film] <Miyasaka>
更新日：3 日前
Article information
Article type: Case note
Category: Patents
Topics: Inventive step
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-02-04 (Japan time). Full English translation.
2023 (Gyo-Ke) 10053 [Pellicle Film] <Miyasaka>
*Rough arguments that the cited reference necessarily satisfies the condition, or that it would ordinarily do so, were rejected.
“Merely because the cited invention … has in-plane orientation … does not justify finding that it necessarily satisfies the RB-at-least-0.4 limitation …. Nor are there specific allegations or evidence identifying … the ordinary conception ….”
⇒ Inventive step: satisfied
(Excerpt from the court's reasoning)
The mere fact that the CNT bundles of Cited Invention 1 have in-plane orientation does not justify finding that they necessarily satisfy the RB-at-least-0.4 limitation. …There are no allegations or evidence specifically identifying the method of manufacturing the thin-film free-standing disordered SWCNT sheet that the defendant says was “manufactured based on an ordinary conception, using SWCNTs having ordinary properties and an ordinarily used process,” or the “film thickness, bundle diameter and self-supporting properties” of that sheet. Accordingly, the nature of the “thin-film free-standing disordered SWCNT sheet considerably more similar to Example 1 than to Comparative Example 1” is also unclear …. On the contrary, …the CNT free-standing films … prepared by the plaintiffs using the method described in Cited Reference 2 had RB values of −0.38 and −0.26 respectively, whereas the CNT free-standing film manufactured when the invention at issue was completed had a value of 1.04. It therefore cannot be said that a thin-film free-standing disordered SWCNT sheet necessarily satisfies the RB-at-least-0.4 limitation.
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.
