Effect of the claimed invention is not sufficiently disclosed in the specification by working examples (patent should be invalidated).
The patented invention relates to a tomato drink having (i) a sugar content of 7.0 to 13.0, (ii) a sugar-acid ratio of 19.0 to 30.0, and (iii) a total content of glutamic acid and aspartic acid of 0.25 to 0.60 wt.%, and the drink having a flavor of high sweetness, rich taste, and reduced sourness. The specification discloses results of sensory tests in which numbers of working examples and comparative examples (with varying values for above parameters (i) to (iii)) were evaluated by tasting panels, but the test examples also had varying values for other physical and chemical property parameters.
The court strictly ruled that, to appropriately understand that the good flavor evaluation of the working examples of the patented invention can be attributed to parameters (i) to (iii), it must be shown that it is only those three parameters which affect the flavors of sweetness, richness, and sourness, or, when there are other factors affecting the flavors, it must be shown that it is not necessary for those factors to be identical in all test examples. Otherwise, the sensory test of the test examples must be conducted in a manner in which all parameter conditions other than (i) to (iii) are identical.
The court took a strict position on support requirement and ruled that patent should be invalidated (rescinded the decision by the JPO).
<Writer: Gen Tashiro (Patent Attorney)>