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2019(Gyo-Ke)10077 (June 11, 2020) “WIDE AND FLAT-BOTTOMED GRAB BUCKET FOR DREDGING” Case

January 28,2022

Inventive step

(Conclusion)
Inventive step is NOT found.

When determineing inventive step, in finding the different features between the present invention and the main cited invention, it is reasonable to find the integral structure as a unit from a viewpoint of solution of the technical problem of the invention, and determination not considering such viewpoints, but finding through subdivision of the different features more than necessary and determination on how easily each of the different features could have been conceived of individually can cause an erroneous result in determination of inventive step, which is not appropriate.

 

<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>

https://www.ip.courts.go.jp/app/files/hanrei_en/766/002766.pdf

 
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