1. Claim 1
“A solenoid stored in a fitting hole provided in a counter housing member, the solenoid comprising:
a case member configured to be inserted into the fitting hole; a coil member configured to be stored in the case member; a center post member configured to be fixed to an inner side of one opening end of the case member and extend to an inner cylinder of the coil member; a lunger chamber configured to be positioned in the inner cylinder of the coil member, be surrounded by a bottomed cylinder sleeve, and have a reciprocatively movable plunger arranged in the plunger chamber; an upper plate configured to be arranged between the other opening end of the case member and the plunger chamber; an end member configured to be formed of a corrosion resistant material which is hermetically fitted into the fitting hole on the outside of the upper plate to cover an opening of the fitting hole; a seal member configured to be arranged between the fitting hole and the end member to prevent entry of external atmosphere; and a rod configured to be connected to the plunger and be capable of opening and closing a valve element of a valve, wherein the seal member to prevent the entry of fluid from the valve side is provided on an outer periphery of the valve, wherein.”
2. Judgement of Tokyo District Court No. 2017(Wa) 3569 in a Prior Instance (Presiding Judge Shimasue)
“…The degree to which a ‘sealed fit’ requires a seal is not unambiguously determined only by the above, and should be interpreted in consideration of the description and drawings other than the claims in the specification (Article 70 Paragraph 2…of the Patent Act). …This invention has a structure advantageous to corrosion resistance and aims to obtain high reliability, long life, etc. (paragraph [0014]). As a means to achieve this, an end member made of corrosion-resistant material that fits hermetically into a fitting hole provided in a housing member and seals the opening of the fitting hole to inhibit the entry of external atmosphere (moisture, water, or other fluids) (paragraphs [0015], [0016]), and as an effect, this invention enables the solenoid to improve corrosion resistance (paragraph [0046]). Then, the degree to which the end member is hermetically fitted into the fitting hole should be such that it inhibits the entry of external atmosphere so as to have the effect of improving the corrosion resistance of the solenoid.
The plaintiff seems to argue that both the end member and the sealing member inhibit the entry of external atmosphere, but that the entry of external atmosphere is more effectively inhibited by the addition of the sealing member, and that the inhibitory effect of the end member alone on the entry of external atmosphere may be limited. However, the detailed description of the invention in this specification clearly states that the end member itself provides a seal and inhibits the entry of external atmosphere (paragraphs [0015], [0016], [0032]), while the sealing member … is positioned as only a supplement to the end member. Then, it cannot be said that the action of the end member alone in restraining the entry of external atmosphere may be limited. …It is not recognized that the defendant’s product, with the O-ring removed, is effective in restraining the entry of moisture into the interior of the fitting hole…”
3. Judgement of Intellectual Property High Court No. 2018 (Ne) 10034 in Appeal Instance (Presiding Judge Kanno)
…Since it is not necessarily unambiguously specified from the description of the claims as to what degree of “tight sealing” of the mechanical parts constitutes a “sealed fit” in this invention, let us look at the description of the specification to interpret the significance of the terminology. The specification is characterized by “an end member made of a corrosion resistant material that is sealed fitted into said fitting hole and seals the opening of said fitting hole” (paragraph [0015]), and “an end member made of a corrosion resistant material that is sealed fitted into said fitting hole and seals the opening of said fitting hole.” (paragraph [0015]), “the end member prevents the entry of external atmosphere (moisture, water, or other fluids) and improves the corrosion resistance of the solenoid when it is assembled to the mating housing member.” (paragraph [0016]) In light of this description in the specification, “seal” in “sealed fit” refers to the degree to which the entry of an external atmosphere (moisture, water, or other fluid) is “restrained”…In addition, this invention has the invention specific matter of “a seal member disposed between said fitting hole and said end member to inhibit the entry of external atmosphere” (…), and the specification states that “it is also suitable to provide a seal member between said fitting hole and end member. This further restrains the entry of external atmosphere.” ([0019]) It can be said that the “sealing member positioned between the fitting hole and the end member” in this invention is also a member provided to further restrain the entry of external atmosphere. Thus, it is understood that the invention has the effect of improving the corrosion resistance of the solenoid through the two components of (1) the end member and (2) the seal member, and there is no reason to limit and interpret that the “end member” alone is required to completely inhibit the entry of external atmosphere.
There is no dispute between the parties that the defendant’s product … has a configuration in which a sealing member is provided at the outer end of the plate, which, when housed in said fitting hole, seals the space between the body and the fitting hole to inhibit entry of outside air, moisture, etc. …
According to the test results of experiments B1, B14, A49, A58, B19, and B20, it is admitted that the inflow of external atmosphere (moisture, water, etc.) is completely restrained in the defendant’s product with end members and sealing members (O-rings). In this way, the accused product restrains the inflow of external atmosphere by fitting the end member (H) into the opening on the upper side of the body, and the configuration of the sealing member seals the space between the body and the fitting hole to further restrain the inflow of external atmosphere, so the accused product… also satisfies the phrase “sealed fitting”.
4. Some Consideration
The interpretation of “sealed fit” was a point of contention in both the first instance and the appellate court decisions, but in the end, the interpretation was reversed as to whether it is sufficient that the end member and the sealing member (O-ring) together “seal” or whether the end member itself must “seal”.
Writer: Hideki TAKAISHI
Supervising editor: Kazuhiko YOSHIDA
Hideki TAKAISHI
Attorney at Law & Patent Attorney
Nakamura & Partners
Room No. 616, Shin-Tokyo Building,
3-3-1 Marunouchi, Chiyoda-ku,
Tokyo 100-8355, JAPAN