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<IP High Court> 2008 (Gyo-Ke) 10185(November 26, 2008) “Wristwatch” Case

February 25,2022

Novelty (related to Prior designs)

(Conclusion) Novelty should be found. (Applicant won.)

<Prior design> ① Mounting portion of the belt connecting portion is planar, ② no pattern on the thickness portion of the outer peripheral edge portion of the glass pressing substantially circular ring-shaped portion + 8 fixing screw portions having one groove therein hexagonal screw, ③ the tornado has a substantially hexagonal prism shape, there is no slit on the circumferential surface, the upper and lower push button portions have a cylindrical shape, ④ upper and lower guard portions have a notched portion, each of which is provided with a push button portion, the guard portion is planar in front.
⇒ Clear and flat impression as a whole.

<The applied design> ① two ribs to the mounting portion of the belt connecting portion (waviness pattern), ② vertical slit pattern + 8 fixing screws on the entire surface of the thickness portion of the outer peripheral edge portion of the glass pressing substantially circular ring-shaped portion is provided with a hexagonal recess on the inside cylindrical screw, ③ tornado is substantially cylindrical, the slit is applied to the circumferential surface, the upper and lower push button portions rectangular, ④ push button portion is provided so as to protrude from the upper guard portion and the lower guard portion.
⇒ Three-dimensional impression with many irregularities as a whole.

<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>
https://www.ip.courts.go.jp/app/files/hanrei_en/125/000125.pdf

 
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