＜IP High Court＞ 2009 (Gyo-Ke) 10036（July 21, 2009）”Rubber band” Case
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.courts.go.jp/ip/eng/assets/ip/eng/chizai_en/chizai_en-pdf-1424.pdf
