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Osaka District Court, Reiwa 5 (Wa) 10237 [Tool for slaughtering wild animals]

10月6日
読了時間: 2分

Article information

Article type: Case note

Categories: Patents

Topics: Claim interpretation

First published on this website: 2026-10-07

Display and classification checked: 2026-10-07

Osaka District Court, Reiwa 5 (Wa) 10237 [Tool for slaughtering wild animals]

* “A rod of a predetermined length that is freely extendable and retractable”

⇒ A fixed-length rod is not included.

(The plaintiff argued that “freely extendable and retractable” means that the length of the rod's functional portion can be changed by changing where it is held.)

(Excerpt from the judgment, translated)

Claim 1 recites “a rod of a predetermined length that is freely extendable and retractable” (claim element A). From that wording, a person skilled in the art can understand that a configuration in which the rod is freely extendable and retractable is indicated.

The specification shows that the problem the invention seeks to solve is, in essence, to enable even a person with limited physical strength to slaughter dangerous wild animals simply and reliably where those animals live. ...

To solve that problem, configuring the rod to extend and retract freely allows the distance from the animal to be adjusted. For example, one can keep a greater distance from birds of prey or, where safety can be ensured, shorten the distance and reliably bring the electrode into contact with the animal's body. ...

Accordingly, a person skilled in the art would understand “a rod of a predetermined length that is freely extendable and retractable” as meaning a rod whose structure allows the length of the rod portion itself to be changed. A fixed-length rod must be regarded as excluded.

https://lnkd.in/gNHhpAmV

Original article (2025-11-27):

https://lnkd.in/gBArgimm

Update history

Content changes and display maintenance are recorded separately.

2026-10-07: First published from the original LinkedIn post; categories, article information, and consultation navigation added.

 
 
 
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