Date of
Judgment:
27.05.1975
Issuing
Authority:
Supreme Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure:
Judicial (Civil)
Subject
Matter:
Patent (Inventions)
Main
text of the judgment (decision):
1. The jokoku
appeal shall be dismissed.
2.
The jokoku appellant shall cover the costs of the jokoku appeal
Reasons:
Concerning
the grounds of jokoku appeal represented by Iwao Aranaga:
Since
Art. 26 of the Law on Utility Models is applied mutatis mutandis to Art. 70 of
the Patent Law, a technical scope of utility model shall be set based upon a
description of a scope of a claim for registration in a specification attached
to an application for the claim for registration: however, it would be
permissible to consider the structure, effects, and functions of an item
described in other part of the said specification as material to judge the
meanings and contents of the description in the said scope concretely and
accurately. Moreover, the facts as ascertained by the original instance court
concerning the structure, effects, and functions of the registered utility
model in question is justifiable in the light of the evidence listed in the judgment
of the original instance court (it includes the decision of the District Court
as cited) and its explanation.
Accordingly,
the decision made by the original instance court regarding the technical scope
of the said registered utility model is justifiable. There is no illegality in
the original judgment that was claimed by the argument and, therefore, said
line of argument cannot be accepted.
Thus,
in accordance with Articles 401, 95, and 89 of the Code of Administrative
Procedure, the justices unanimously ruled as the main text of judgment.
(This translation is
provisional and subject to revision.)
（The
copyright for this English material was assigned to the Supreme Court of Japan
by Institute of Intellectual Property.）