Support Requirement
(Conclusion)
Support Requirement is Not admitted.
[Claim 1] recites: “…Solutions with storage stability of at least 24 months…”
“The present specification does not describe a paronosetron preparation which satisfies the requirements of 24 months, and in light of the common general knowledge as of the filing, it cannot be said that a person skilled in the art can recognize that the problems of the present invention, namely, a paronosetron preparation which improves the pharmaceutical stability and provides an allowable concentration range which stabilizes the preparation for 24 months or more, can be solved.”
2016 (Gyo-Ke) 10189 [Optical Glass] case
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>
https://www.ip.courts.go.jp/app/files/hanrei_en/900/002900.pdf