Novelty (related to Prior designs)
(Conclusion) Novelty should be found. (Applicant won.)
When considering similarity, it is considered the shape when the applied design is used.
Submission of a certificate of exception to lack of novelty of design does not constitute an admission of similarity.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>
https://www.ip.courts.go.jp/app/files/hanrei_en/424/001424.pdf