Heisei 6 (Gyo-Ke) No. 243 — Buddhist altar (Judge Minoru Takeda)
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Article information
Article type: Case note
Categories: Patents
Topics: Examination and appeal practice
First published on this website: 2026-10-16
Display and classification checked: 2026-10-17
Case information: Heisei 6 (Gyo-Ke) No. 243
Heisei 6 (Gyo-Ke) No. 243 — Buddhist altar (Judge Minoru Takeda)
*For applications filed on the same day (Article 39(2)), it is not enough that the other invention is identical when viewed from one invention. At the same time, viewed from the other invention, the first invention must also be regarded as identical!!
(The same as the Examination Guidelines.)
(Excerpt from the judgment, translated)
…Considering the purpose of Article 39(2) of the Patent Act, under which none of two or more inventions filed on the same day can be patented unless the applicants reach agreement, “the same invention” under that paragraph requires more than identity of the other invention when viewed from one of the inventions. Simultaneously, when viewed from the other invention, the first invention must also be regarded as identical.
As for requirement b of the other application’s invention, …even if the “swing arm,” in terms of its actual function, corresponds to a subordinate concept of requirement D of the invention at issue, it specifies the means for folding and storing the altar doors structurally as a “swing arm” not specifically disclosed in the specification at issue. This clearly produces an effect absent from the invention at issue: …simplifying the means for opening, closing and storing the altar doors and improving assembly and workability….
Accordingly, requirement b includes a configuration producing an effect distinct from the invention at issue. Viewed from the other application’s invention, requirement b therefore cannot be understood from the requirements of the invention at issue, and cannot be said to coincide with its requirement D.
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This history records actual publication, display, and classification changes made on this website.
2026-10-16: The AMEBLO source was first published on this website.
2026-10-17: Added classification, topic tags, article information, translation navigation, related articles, consultation guidance, and SEO. The original article text was not changed.
