Patent
Right

Date
Case number

October 2, 20192018 (Gyo-Ke) 10108

Court

Intellectual
PropertyHigh
Court,First
Division- A case in which the court has determined that there is a motivation to apply the
Exhibit Ko 2 technique to the cited invention; however, the constitution according
to the different feature is not conceivable by such application, and thus it cannot be
said that the Invention was easily conceivable on the basis of the cited invention.
Case type: Rescission of Appeal Decision of Refusal
Result: Granted
References: Article 29, paragraph (2) of the Patent Act
Number of related rights, etc.: Patent Application No. 2014-508992, Appeal against
Examiner's Decision of Refusal No. 2016-15650
Summary of the Judgment
1.

This case is a suit against the appeal decision made by JPO that dismissed

the request for appeal with regard to the case of the appeal against the examiner’s
decision of refusal for the invention, titled "A TREATMENT DEVICE FOR WASTE
MATTER CONTAINING HEAVY METALS AND A METHOD FOR TREATINGWASTE MATTER CONTAINING HEAVY METALS USING SAME".
Plaintiff alleges the errors in the determination of inventive step as a reason for
rescission.
2.

The court decision has rescinded the JPO decision in summary as follows:(1) Errors in the findings of Cited Invention
The appeal decision finds the subject to be treated of the cited invention as"organic waste ", whereas in comparison to the Invention, it finds "a slurry or solidorganic waste including solid organic waste and heavy metals" as a common featurein reference to well-known techniques, whereas Cited Reference 1 fails to describe
comprising heavy metals in organic waste, and thus this feature is not a common
feature. There is no dispute about the above between the parties, and it must be said
that the appeal decision made an error in the finding of common features andaccordingly, an error in the finding of Different Features 1, 2.
Of course, it cannot be necessarily inferred that if there were an error in thefinding of common features and different features it would affect the conclusion of
the appeal decision.

Thus a further consideration is given as to whether or not theInvention was easily conceivable on the premise of Different Features 1', 2' as thecourt has found.

ⅰ(2) Whether Different Feature 2' was easily conceivable
A technical field between the cited invention and the Exhibit Ko 2 techniquerelates to the treatment of a waste utilizing hydrothermal reaction, and thus they are
related to each other.
According to the description of well-known reference, "organic waste", a subject
for the treatment in the cited invention, also comprises heavy metals, and theprevention of the elution is a problem that a person ordinarily skilled in the art should
naturally consider in the technical field of the cited invention. Although Cited
Reference 1 focusing on the separation between a waste and a liquid after treatment
does not explicitly describe the prevention of elution, it should be inherent as an
obvious problem to be solved by the cited invention. Further, the Exhibit Ko 2
technique has an objective to prevent the elution of heavy metals from a heavy metalcontaining drainage after hydrothermal treatment, and thus shares its problem to besolved with the cited invention.
However, even if the Exhibit Ko 2 technique should be applied to the citedinvention, Exhibit Ko 2 fails to describe the formation of tobermorite structure as alayer on a solid of said organic waste.

Thus a person ordinarily skilled in the art

would not conceive of "5CaO·6SiO2·5H2O crystal (tobermorite) structure in which
said heavy metals are entrapped" according to Different Feature 2' being "formed" as"a layer" "on a solid of said organic waste".
For the above reason, a person ordinarily skilled in the art would not conceive of
the constitution according to Different Feature 2' by applying the Exhibit Ko 2
technique to the cited invention, and thus it cannot be said from the reasons of theappeal decision that the Invention was easily conceivable on the basis of the citedinvention and the Exhibit Ko 2 technique.

ⅱ

Judgment rendered on October 2, 20192018 (Gyo-Ke) 10108

A case of seeking rescission of the JPO decision

Date of conclusion of oral argument: August 21, 2019
Judgment
Plaintiff: G-8 INTERNATIONAL TRADING
Defendant: Commissioner of the Japan Patent Office
Main text
1.

The decision rendered by the JPO on Appeal against Examiner's Decision of

Refusal No. 2016-15650 on June 12, 2018 shall be rescinded.
2.

Defendant shall bear the court costs.
Facts and reasons

No. 1

Claim
The same as the main text

No. 2

Outline of the case
1. History of the procedures, etc. in Japan Patent Office(1) Plaintiff filed on April 4, 2012 an international patent application withregard to the invention titled "A TREATMENT DEVICE FOR WASTE MATTERCONTAINING HEAVY METALS AND A METHOD FOR TREATING WASTE
MATTER CONTAINING HEAVY METALS USING SAME", and then entered into
national phase (Patent Application No. 2014-508992, number of Claims: 5, Exhibit
Ko 10).
(2) Plaintiff received a decision of refusal on July 15, 2016, and thus filed an
appeal for this on October 20 of the same year, and Japan Patent Office examined thisas Appeal against Examiner's Decision of Refusal No 2016-15650.

Plaintiff made anamendment on April 4, 2018 by a written amendment to amend the scope of theclaims (number of claims: 5, Exhibit Ko 11).
(3) Japan Patent Office made an appeal decision on June 12 of the same year to
the effect that "The appeal of the case was groundless." as described in the attached
written appeal (copy) (hereinafter referred to as "the appeal decision") and its certified
copies were served for Plaintiff on July 4 of the same year.
(4) Plaintiffs filed a suit for the case seeking for rescission of the appeal
1

decision on August 1 of the same year.
2. The recitation of the Claims
The recitation of Claim 2 of the scope of claims subject to the appeal decision
is set forth as below (Exhibit Ko 11).

In addition, the symbol "/" in the text indicatesa part of carriage return in the original text (the same shall apply hereinafter).
Hereinafter, the invention according to Claim 2 after said Amendment is referred to as"the Present Invention", and the description is referred to as "the Description"
including the drawing (Exhibit Ko 12, further, Exhibit Ko 10 for drawing.).
[Claim 2] A method for treating waste including heavy metals, comprising the steps
of: storing a slurry or solid organic waste including solid organic waste and heavy
metals and a sufficient amount of Ca component raw material and SiO2 component
raw material that can form 5CaO·6SiO2·5H2O crystal (tobermorite) for entrapping atleast said heavy metals into 5CaO·6SiO2·5H2O crystal (tobermorite) structure in a
carbonizing treatment of said organic waste inside a sealed container having an
opening/closing discharging port and a closed space. /stirring and mixing said Ca
component materials and SiO 2 component raw materials, while grinding said solidorganic waste, /spraying high-temperature and high-pressure water vapor for theformation of a layer of 5CaO·6SiO2·5H2O crystal (tobermorite) structure in which
said heavy metals are entrapped on a solid of said organic waste by spraying high temperature and high-pressure water vapor to said solid organic waste and Ca
component raw material and SiO2 component raw material that are contained in asealed container and are being ground and mixed by said stirring means /a step forcooling steam in a sealed container after treatment to form a treated liquid including awater-soluble compound of said heavy metals /and separating and recovering a treatedliquid including a water-soluble compound of said heavy metals and a treated waste
including tobermorite in which said heavy metals are entrapped.
3. Summary of reasons of trial decision(1) The reason for trial decision is as per the attached written trial decision(copy).

In summary, the Invention was easily conceivable on the basis of theinvention described in Cited Reference 1 of the following A and the techniquedescribed in Cited Reference 2 of the following B, and thus the Invention cannot be
granted a patent under the provision of Article 29, paragraph (2) of the Patent Act.
A. Cited Reference 1: International publication No. 2006/126273 (Exhibit Ko
1)
B. Cited Reference 2: Unexamined Patent Application Publication No. 2008689 (Exhibit Ko 2)
2

(2) The invention described in Cited Reference 1 as the appeal decision found(hereinafter referred to as "Cited Invention") and the common features and different
features between the Invention and the cited invention are set forth below.
A. Cited Invention
A method for separating and recovering a liquid of organic waste, comprising
the steps of: storing organic waste inside a sealed container having a closed space aswell as a discharging port having an opening/closing mechanism; grinding and stirring
solid organic waste; spraying high temperature and high pressure steam forcarbonization; and taking out treated waste and a liquid in a separated state.
B. Common features and Different features(Common Feature)
A method of treating waste including heavy metals, comprising the steps of:storing a slurry or solid organic waste including solid organic waste and heavy metals
inside a sealed container having an openable discharging port and a closed space,/stirring and mixing while grinding said solid organic waste, /ejecting high temperature and high-pressure water vapor by spraying high-temperature and highpressure water vapor onto said solid organic waste that is contained in a sealedcontainer and is being ground and mixed by said stirring means, /and separating andrecovering a treated liquid and treated waste.
(Different Feature 1)
The Invention treats "organic waste" and "a sufficient amount of Ca component
raw material and SiO 2 component raw material that can form 5CaO·6SiO2·5H2O
crystal (tobermorite) for entrapping at least said heavy metals into 5CaO ·6SiO2·5H2O
crystal (tobermorite) structure in a carbonizing treatment of said organic waste ",whereas the Cited Invention treats "(slurry or solid) organic waste (including solidorganic waste and heavy metals)".
(Different Feature 2)
In the Invention, "5CaO·6SiO2·5H2O crystal (tobermorite) structure in which
said heavy metals are entrapped" produced from "solid organic waste and Ca
component raw material and SiO 2 component raw material" is "formed" as "a layer""on a solid of said organic waste", whereas in the Cited Invention, "(slurry or solid)
organic waste (including solid organic waste and heavy metals)" is carbonized.
(Different Feature 3)
The Invention comprises "a step for cooling steam in a sealed container after
treatment to form a treated liquid including an aqueous compound of said heavy
metals" "in which steam at a high temperature and a high pressure is sprayed ",3whereas it is not clear whether or not the Cited Invention comprises the step.
(Different Feature 4)
The Invention produces "a treated liquid including a water-soluble compoundof said heavy metals" and "treated waste including tobermorite in which said heavy
metals are entrapped", whereas the Cited Invention produces "treated waste and aliquid".
(3) A technique described in Cited Reference 2 as the appeal decision found(hereinafter referred to as "the Exhibit Ko 2 technique") is set forth below:
The addition of calcium compound and silica in "a sufficient amount that can
suppress the elution of heavy metals" so as to produce "crystalline calcium silicate(calcium silicate) such as tobermorite" by subjecting "waste containing heavy metals"
to a "hydrothermal treatment" in a sealed container, so that "heavy metals are
entrapped inside (immobilized) to suppress the elution to the outside ", and"hydrothermal treatment" is "implemented for 1 to 48 hours in the presence of
saturated steam at 130 to 300°C", thereby "growing a crystal and producing highstrength tobermorite" and "the effect of suppressing the elution is promising".
4. Reasons for rescission
Errors in the determination of inventive step
(omitted)
No. 4

Judgment of this court
1. As for the present invention(1) The description of the specification
The Claims of the present invention are set forth as in the aforesaid No. 2-2.

The Detailed Description of the Invention of the description has the following
descriptions (see the list of the description and drawings of the attachment for thedrawings cited in the following description.):A. Technical Field[0001] The Invention relates to an apparatus for treatment of waste including
heavy metals and a method for treating waste including heavy metals using the same,
comprising the steps of: treating waste including heavy metals such as sewage sludge,
industrial sludge, medical waste, household waste, industrial waste, and the like using
steam at a high temperature and a high pressure; and discharging and separating a
mixture including the treated and immobilized waste including heavy metals and aliquid after the treatment.
4

B. Background Art[0002] ... In a method of treating conventional waste with steam, almost no
harmful nitrogen oxide and sulfur oxide are produced as in the case of combustion
treatment, which has no problem in environmental pollution and allows us to expect
safe waste treatment.
[0003] However, a treated solid and a liquid are mixed together in a container
after treatment, which causes a problem of inconvenience and difficulty intransportation, storage, etc. after treated waste is taken out.

Furthermore, a treatedsolid and a liquid are separated by use of a separator after treatment, which
complicates a treating process, requires great efforts, takes a long time for treatment,
and requires a large area for separately disposing a reactor and a separator.
[0004] Provided is an apparatus for treatment which can safely treat waste in
one apparatus by means of steam at a high temperature and a high pressure, and canseparate and recover continuously the treated waste and a liquid by means of a simple
operation (See Patent Document 2).

However, this treatment apparatus necessitatesa reactor consisting of a sealed container for the treatment of waste with high temperature and high-pressure water vapor and another sealed container for recovery
connected to said reactor consisting of the former sealed container for the recovery ofa separated liquid, which causes problems of high facility cost and complicatedoperation.
[0005] Meanwhile, for example, sewage sludge discharged from sewage
treatment facility includes pathogenic microbes and heavy metals.

To avoid anenvironmental risk thereby, various methods such as concentration, digestion,
dehydration, composting, combustion, and melting have been implemented.
However, these treatment methods are consumption-type techniques that require alarge amount of electricity or heat energy and have a great impact on the environmentand can become a discharging source of greenhouse effect gas and only reduce anddispose of waste.

These are not treatments in compliance with a recycling principleof resources but become a cause weighing on the local economy due to highmaintenance cost.
C. Problem to be solved by the invention[0012] ... A second object of invention is to provide a method for treatment ofwaste including heavy metals, capable of easily treating waste including heavy metals
using steam at a high temperature and a high pressure; discharging a mixture
including the waste in which heavy metals are immobilized to suppress the elution , aswell as a liquid; and separating them for recovery with a simple operation.
5

D. Means for solving the problem[0014] A second aspect of the Invention is a method for treating waste
including heavy metals, comprising the steps of: implementing a treatment in thepresence of a sufficient amount of Ca component raw material and SiO 2 component
raw material that form 5CaO·6SiO2·5H2O crystal (tobermorite) for entrapping at leastsaid heavy metals into 5CaO·6SiO2·5H2O crystal (tobermorite) structure in atreatment of said sealed container in treating waste including heavy metals in a sealedcontainer having an openable discharge port and a closed space while ejecting high temperature and high-pressure steam; and cooling, thereby separating and recoveringa liquefied treated liquid including a water-soluble compound of said heavy metals
and treated waste including tobermorite in which said heavy metals are entrapped.
E. Detailed description of the preferred embodiments[0036] When treated by supplying waste including heavy metals in a sealedcontainer 12 having an openable discharge port 16 and a closed space S1 shown in
Figure 1 and ... a sufficient amount of Ca component raw material and SiO 2
component raw material that can form 5CaO·6SiO2 ·5H2O crystal (tobermorite) for
entrapping said heavy metals into 5CaO·6SiO 2·5H2O crystal (tobermorite) structure,
while ejecting high-temperature and high-pressure steam (120 to 250°C, 1.1 to 2.1
MPa for 1 to 8 hours)..., in treating under saturated vapor pressure, a Ca component
originally included in waste and newly added Ca component and SiO 2 component
originally included in waste and newly added SiO 2 component are subjected tohydrothermal reaction according to the following formula (3) to form a mineralcrystal referred to as a stable calcium silicate (tobermorite: 5CaO·6SiO 2·5H2O).
[0037] 6SO2+5CaO+5H 2O→5CaO·6SiO2·5H2O ···Formula (3)[0038] A tobermorite crystal repeats an Si-O tetrahedral layer, a Ca-O
octahedral layer, an Si-O tetrahedral layer as schematically shown in Figure 4 to forma structure grown in layers in which calcium ion is intercalated between an Si-O
tetrahedral layer and an Si-O tetrahedral layer.
Further, in a process of forming this laminar crystal structure, heavy metals
substitute calcium ion through an ion exchange reaction with said calcium ion to betaken and entrapped into a laminar crystal structure.

Heavy metals are taken into alaminar crystal structure of tobermorite and entrapped, thereby suppressing the elution.
[0039] Said subcritical water reaction condition (temperature, pressure, time) issignificant.

Further, it is essential to utilize such a subcritical water reaction

condition that can form a laminar crystal structure of tobermorite by treating waste
and can cause heavy metals to substitute calcium ion through an ion exchange
6reaction with said calcium ion to be taken and entrapped into a laminar crystal
structure of tobermorite in a process of forming a laminar crystal structure.
[0040] Figure 5 is a schematic diagram that illustrates a state in whichchromium and lead are taken and entrapped into a laminar crystal structure of
tobermorite when subjecting polluted soil including chromium and lead as heavy
metals to a hydrothermal reaction while ejecting high-temperature and high-pressure
steam as in the aforesaid manner by newly adding an SiO2 component and CaO as a
new Ca component so as to satisfy the aforesaid formula (3) by use of the SiO2
component preliminarily included in this polluted soil.
[0041] Chromium and lead are changed into chromium ion and lead ion whensubjected to high-temperature and high-pressure steam as in the aforesaid manner(120 to 250°C, 1.1 to 2.1 MPa for 1 to 8 hours), and CaO is changed into calcium ion.
Further, the SiO2 component preliminarily included in polluted soil and the newly
added SiO2 component are changed into a silica ion to transition into a surface
reaction layer 81 of a soil particle 80 and conduct hydrothermal reaction to form atobermorite laminar crystal layer 82 on a surface of the soil particle 80.

In a process

of forming this laminar crystal structure, chromium ion and lead ion substitutecalcium ion through an ion exchange reaction with said calcium ion to be taken andentrapped into a laminar crystal structure of tobermorite.
[0049] When waste is treated while ejecting high-temperature and highpressure steam in the aforesaid manner, a greater part of heavy metals are taken andentrapped into a laminar crystal structure of tobermorite as in the aforesaid manner,
whereas heavy metals may sometimes be dissolved into steam or water in the presenceof negatively charged ions such as chlorine ions, silicate ions, carbonate ions, sulfate
ions, and phosphate ions in said waste.
[0050] Therefore, the Invention treats waste in a sealed container 12 whileejecting high-temperature and high-pressure steam, cools the sealed container 12 by acooling means 70, and liquefies steam in a closed space S1 to form a treated liquid
including a water-soluble compound of said heavy metals, separating and recovering
this liquid and treated waste including tobermorite in which said heavy metals are
entrapped.
[0090] This allows a liquid in a state of including bacteria, odor components,
etc. included in waste to be subjected to high-temperature and high-pressure steamalong with the waste.

Further, a liquid to be separated and recovered after treatment

includes a water-soluble compound of heavy metals, and odor and harmful
components may be recovered in a decomposed state, thereby eliminating a need for7secondary treatment of a separated and recovered liquid, which otherwise takes efforts
and time.
However, in a case where a water-soluble compound of heavy metals needs tobe separated from a liquid, a secondary treatment is required.
[0091] ... Regarding the action of an apparatus for treatment of waste including
heavy metals according to the embodiment, an explanation is given together with amethod of recovering a liquid according to the embodiment.

According to thepresent embodiment, the waste to be treated including heavy metals may include, forexample, medical waste which is disposed from medical institutions such as hospitals,
universities, and other research institutes, and include blood, operated internal organs,absorbent cotton, disposable diapers, blood feeding tubes, intravenous bottles, resin
injection syringes, and the like.
[0092] Note that metals such as needles and glass-made objects are separated inadvance and removed. ...
[0093] Ejected steam causes the inside of the sealed container 12 to assume ahigh-temperature and high-pressure state of e.g. 250°C and 2.1 MPa.
[0094] ... A treatment causes Ca component originally included in waste and a
newly added Ca component, and an SiO2 component originally included in waste anda newly added SiO 2 component to be subjected to hydrothermal reaction to form amineral crystal having a laminar structure referred to as a stable calcium silicate(5CaO·6SiO2·5H2O tobermorite).

In a process of forming this laminar crystal

structure, heavy metals are taken and entrapped into a laminar crystal structure.
[0095] The greater part of heavy metals is taken and entrapped into a laminar
crystal structure of tobermorite in the aforesaid manner, whereas heavy metals are
dissolved into steam or water in the presence of negatively charged ions in said waste.
Further, a disease agent included in (or attached to) waste is sufficiently
sterilized and treated while decomposing odor substances, etc.
Further, moisture included in waste is treated along with the waste with hightemperature and high-pressure steam in the treatment.

When such treatment isconducted for a required time, e.g., about 40 minutes, organic substance in waste istreated with a carbon state ground into a particulate having a size of, e.g. 0.3 to 0.8
mm.
[0097] Treated waste is separated from, e.g., a liquid, and organic substances
are carbonized to form tobermorite in which heavy metals are entrapped and a treatedsoil particle, capable of being recovered in a state easy to handle for transportationand management.
8

[0103] A solidification characteristic of heavy metals was tested through a
subcritical water treatment of sewage dehydration sludge including heavy metals...
[0104] Regarding raw material sewage dehydrated sludge as well as sludge
including tobermorite in which said heavy metals are entrapped and a liquid including
a liquefied component for 30 samples in total, ... a laboratory analysis of generalorganic components including fertilizer components as well as heavy metals andminute chemicals was conducted.
[0115] All samples were subjected to a subcritical water treatment, and it was
found that an organic fertilizer (including compost) could be safe with a level ofheavy metals below not only a soil environmental criterion but also an agricultural
criterion.
[0116] Applying "subcritical water treatment technique" to sewage sludge
shows that it is possible to solidify heavy metals to a harmless level and suppress theelution.

Specifically, it has been demonstrated that an agricultural criterion forheavy metals may be satisfied with respect to sewage sludge including a maximum
level of heavy metals in the past, and sludge may be safely changed into a fertilizer
directly and in a short time.
(2) According to the aforesaid item (1), the Invention is summarized as below.
A. The Invention relates to a method for treatment of a waste including heavy
metals, comprising the steps of: treating waste including heavy metals such as sewage
sludge, medical waste, household waste, industrial waste, and the like using steam at ahigh temperature and a high pressure; and discharging and separating a mixture
including the immobilized waste including heavy metals and a liquid. ([0001])
A goal of invention is to provide a method for treatment of waste including
heavy metals, capable of easily treating waste including heavy metals using steam at ahigh temperature and a high pressure; discharging a mixture including the waste inwhich heavy metals are immobilized to suppress the elution, as well as a liquid; andseparating them for recovery. ([0012])
B. While ejecting high-temperature and high-pressure steam and supplying asufficient amount of Ca component raw material and SiO 2 component raw material aswell as waste including heavy metals in a sealed container 12, a treatment ofsubcritical water reaction or hydrothermal reaction was conducted (120 to 250 °C, 1.1
to 2.1 MPa for 1 to 8 hours) to form a crystal of stable calcium silicate (tobermorite)
as shown by the following formula (3).
6SiO2+5CaO+5H2O -> 5CaO·6SiO2·5H2O ...

Formula (3)A tobermorite crystal repeats an Si-O tetrahedral layer, a Ca-O octahedral layer,
9an Si-O tetrahedral layer so as to form a structure grown in layers in which calcium
ions are intercalated between an Si-O tetrahedral layer and an Si-O tetrahedral layer.
In a process of forming this laminar crystal structure, heavy metals substitute calcium
ion through an ion exchange reaction with said calcium ion, to be taken and entrapped
into a laminar crystal structure.

Heavy metals are taken into a laminar crystal

structure of tobermorite and entrapped, thereby suppressing the elution. ([0036] to[0038], [0041])
When waste is treated while ejecting high-temperature and high-pressure steam,
the greater part of heavy metals is taken and entrapped into a laminar crystal structureof tobermorite, whereas heavy metals may sometimes be dissolved into steam or waterin the presence of negatively charged ions such as chlorine ions, silicate ions,carbonate ions, sulfate ions, and phosphate ions in said waste.

The Invention treats

waste in a sealed container 12, followed by cooling the sealed container 12 andliquefying steam in a closed space S1 to form a treated liquid including a watersoluble compound of said heavy metals; this liquid, and treated waste including
tobermorite in which said heavy metals are entrapped are separated and recovered.
([0049], [0050])
Treated waste is separated from, e.g., a liquid, and organic substances arecarbonized to form tobermorite in which heavy metals are entrapped and a treated soil
particle, capable of being recovered in a state easy to handle for transportation andmanagement. ([0097])
2. Reason for rescission (errors in the determination of inventive step)(1) Cited Invention
A. Cited Reference 1 generally has the following description (see List ofDrawings of Cited Reference 1 of the attachment with regard to the drawings andtables cited in the following description.):[0001] The present invention relates to an apparatus for treatment of organic
waste and a method for separating and recovering a liquid for treating an organic
waste contained in medical waste, household waste, industrial waste, and the likeusing steam at a high temperature and a high pressure, and obtaining the treated waste
and a liquid which are separated from each other after the treatment.
[0003] However, when wastes are treated by steam ..., since a part of a large
amount of the steam present in the vessel is liquefied, or water originally contained in
the wastes and the like is present, the treated solid and the liquid are thus present in amixed state in the vessel.

In this state with the coexisting liquid, the treated waste

after removal is inconvenient for transportation, storage, and the like, and difficult in
10

handling. ...

The treatment method according to Patent Document 1 includes agas/liquid/solid separator ... independently of a reactor ..., which provides thetreatment using the steam at the high temperature and the high pressure, and it is thus
necessary to separate ash ..., treatment water ..., and the like after the treatment. ...
raising such problems as (1) a high treatment cost due to independently necessary
apparatuses such as a separator, (2) a large amount of labor due to the complex
treatment step, ...
[0004] The present invention is devised in view of the foregoing problems andone of the objects thereof is to provide an apparatus for treatment of organic waste
which can safely treat waste in only one apparatus by means of steam at a hightemperature and a high pressure, and can continuously separate and recover thetreated waste and a liquid by means of a simple operation.

Moreover, another object

thereof is to provide an apparatus for treatment of organic waste which has a simple
structure, and can be manufactured at low cost.

Further, another object thereof is toprovide a method for simply separating and recovering treated waste and a liquid.
[0005] In order to achieve the above objects, the present invention provides anapparatus 10 for treating organic waste including a sealed vessel 12 that provides aclosed space S1 for storing organic waste therein, steam jet means 14 that blows off
steam into the sealed vessel 12 at a temperature and a pressure sufficiently high sothat the waste can be carbonized, a discharge port 16 provided on a bottom side of thesealed vessel 12 with an openable mechanism 26, and separating and recoveringmeans 18 that separates and recovers the treated waste and a liquid only by a directdischarge operation from the discharge port 16. ...
[0019]... the waste can be safely treated in only one apparatus, and thetreated waste and the liquid can be separated and recovered by means o f the simple
operation following the treatment.

Especially, it is not necessary to bring the waste

mixed with the liquid, which is difficult in handling, to the outside, so the waste canthus be separated and recovered directly from the sealed vessel used for the treatment,
resulting in a simple and smooth operation.

Moreover, the size of the overall

apparatus does not increase, and thus the apparatus can be manufactured at low cost.
Moreover, the recovered waste separated from the liquid contains a small amount ofwater, and is thus convenient for handling, transportation, management, and the like,and the carbonized waste can be processed into a fuel, a soil conditioner, and the likein a short period, for example.
[0029] Moreover, by means of the configuration where the apparatus includes
the agitating means that agitates the waste in the sealed vessel, the waste can be11treated evenly and quickly.
[0035] ... An apparatus for treatment of an organic waste according to thepresent invention is an apparatus which uses steam at a high temperature and a highpressure to treat organic waste contained in medical wastes disposed from medical
institutions such as injection syringes made of a synthetic resin, gauzes with bloo d,disposable diapers, and operated internal organs, as well as household wastes disposedfrom general households such as raw garbage, and containers made of synthetic resinsuch as plastic, and industrial wastes such as wastes from food processing,
agricultural and fishery wastes, wastes of various industrial products, sewage sludge,
and the like. ...
[0040] According to the present embodiment, the steam jet means 14 blows off
the steam having the high temperature and the high pressure in the sealed vesse l 12,
and brings the inside of the sealed vessel 12 into a state having the high temperatureand high pressure, thereby treating the waste using the steam. ...

The temperatureand the pressure of the steam blown off from the steam jet means 14 into the se aledvessel 12 are set sufficiently high so that the waste (mainly solid components) is
carbonized.

According to the present embodiment, the temperature and the pressureof the steam blown off from the steam jet pipe 28 are respectively set toapproximately 180 to 250°C, and 15 to 35 atm, for example.

The steam then brings

the temperature and the pressure inside the sealed vessel 12 respectively toapproximately 180 to 250°C, and 15 to 35 atm. ...

Further, according to the present

embodiment, an agitating blade 48 is attached to the steam jet pipe 28, and the steam
jet pipe 28 also serves as a rotation shaft 49 of the agitating means. ...
[0041] The agitating means 30 is means which agitates the waste to be treatedin the sealed vessel, and can treat the waste evenly and quickly.

According to thepresent embodiment, the agitating means 30 includes ... the agitating blade 48 ... theagitating blade 48 includes a right-handed spiral blade 48a and a left-handed spiralblade 48b ... the spiral blades 48a and 48b agitate the waste while transporting thewaste from the center portion toward both the end walls, and crushing the solid
waste. ...
[0042] According to the present embodiment, the waste is carbonized by thetreatment for a required period such as approximately 30 to 60 minutes, while thewaste is being agitated at the high temperature and under the high pressure in thesealed vessel as described above.

It should be noted that it is expected that the above

treatment can decompose PCB contained in the waste, for example.

For example,

when waste or the like containing transformer oil was treated, it was confirmed that12

the PCB concentration of 80 ppm before the treatment decreased to approximately
0.005 ppm after the treatment.

A liquid accumulates in the sealed vessel 12 as aresult of a part of the steam which is liquefied and water contained in the waste, and ismixed with the treated and carbonized waste.
[0049] ... According to the present embodiment, the waste to be treatedincludes medical waste which is disposed from medical institutions such as hospitals,
universities, and other research institutes, and includes blood, operated internal organs,absorbent cotton, disposable diapers, blood feeding tubes, intravenous bottles, resin
injection syringes, and the like. ...
[0052] The apparatus for treatment of an organic waste and the method forseparating and recovering a liquid according to the present invention are used fortreating synthetic resin wastes such as plastic, as well as raw garbage, and sewage
sludge disposed from general households, medical institutions, plants, and treatmentsites, for example.
B. The findings of Cited Invention
As seen above, Cited Reference 1 describes the Cited Invention (aforesaid No.
2-3(2)A) as the appeal decision found.

There is no dispute between the part ies inthis regard.
C. Comparison between the Invention and the Cited Invention(A) Comparing the Invention and the Cited Invention, the common features andthe different features are set forth as below:(Common Feature)
A method of treating organic waste including heavy metals, comprising thesteps of: storing an organic waste inside a sealed container having an openable
discharging port and a closed space/stirring and mixing solid organic waste while
grinding /ejecting high-temperature and high-pressure water vapor by spraying hightemperature and high-pressure water vapor onto said solid organic waste, which arecontained in a sealed container and are being ground and mixed by said stirring means,/and separating and recovering a treated liquid and treated waste.
(Different Feature 1')
The Invention treats "a slurry or solid organic waste including solid organic
waste and heavy metals" and "a sufficient amount of Ca component raw material and
SiO2 component raw material that can form 5CaO·6SiO2·5H2O crystal (tobermorite)
for entrapping at least said heavy metals into 5CaO·6SiO2·5H2O crystal (tobermorite)
structure in a carbonizing treatment of said organic waste", whereas the Cited
Invention treats "organic waste".
13

(Different Feature 2')
In the Invention, "5CaO·6SiO2·5H2O crystal (tobermorite) structure in which
said heavy metals are entrapped" produced from "solid organic waste, slurry, or solidorganic waste including heavy metals and Ca component raw material and SiO 2
component raw material" is "formed" as "a layer" "on a solid of said organic waste",
whereas in the Cited Invention, "organic waste" is carbonized.
(Different Features 3, 4) As per the finding of the appeal decision (aforesaid
No. 2-3(2)B).
(B) Further, the appeal decision finds the subject to be treated of the Cited
Invention to be "organic waste", whereas in comparison to the Invention, it finds " aslurry or solid organic waste including solid organic waste and heavy metals" as acommon feature in reference to well-known techniques (Exhibits Ko 3 to 7), whereas
Cited Reference 1 fails to describe comprising heavy metals in organic waste, andthus this feature is not a common feature.
dispute between parties.

Regarding the aforementioned, there is no

It must be said that the appeal decision made an error in thefinding of common features and accordingly, an error in the finding of Different
Features 1, 2.
Of course, it cannot necessarily be inferred that if there were an error in thefinding of common features and different features it would affect the conclusion of
the appeal decision.

Thus further consideration is given as to whether or not theInvention was easily conceivable on the premise of Different Features 1', 2'.
(2) Description of Cited Reference 2
A. Cited Reference 2 discloses the following matters:[0002] Soil and combustion ash containing harmful heavy metals pollute soil,
underground water, river and seawater, etc. due to the elution of heavy metals upon
contact with environmental water such as rainwater.

Therefore, heavy metals in

combustion fly ash are stabilized by the treatment such as a cement solidification, an
addition of agents, and melt solidification, followed by a disposal by landfill.
[0005] The Invention was made with a focus on such circumstances, and its
object is to provide a method for treatment of waste or an apparatus for treatment,
capable of treating drainage containing heavy metals generated in a hydrothermal
treatment without installing an effluent treatment facility in mixing calcium
compound and water with waste including heavy metals, or subjecting to thehydrothermal treatment a mixture obtained by further mixing silica with them.
[0027] In a method for treatment of waste according to the Invention, ahydrothermal treatment step is a step that mixes calcium compound and water with14

waste including heavy metals, or subjects to the hydrothermal treatment a mixture
obtained by further mixing silica with them. ...
[0031] The hydrothermal treatment step causes silica (SiO 2) in heavy metalcontaining waste or silica externally added and mixed to react with calcium compoundby hydrothermal treatment to produce a crystalline calcium silicate (calcium silicate)such as tobermorite.

This crystalline calcium silicate allows heavy metals in heavy

metal-containing waste and heavy metals in a drainage mixed with the heavy metalcontaining waste (heavy metal-containing drainage generated in hydrothermal
treatment in a preceding hydrothermal treatment) to be entrapped inside(immobilized), thereby suppressing the elution to the outside.
[0034] ... Hydrothermal condition is suitably a reaction temperature of 130 to
300°C and a reaction time of 1 to 48 hours.

In a case of a reaction temperature lower

than 130°C, the crystal growth of tobermorite is insufficient, which makes it difficult
to take the effect of suppressing the elution of heavy metals to a high level.

In a caseof a reaction temperature above 300°C, the crystal growth of tobermorite proceeds,
and the effect of suppressing the elution may be expected, but the cost for treatment isexcessively high, and thus it is not preferable from an economical viewpoint.
[0037] Consider the case where a mixture filled in a container for hydrothermal
treatment is a mixture of calcium compound and clean water with waste including
heavy metals, or a mixture obtained by further mixing silica with them.

Whenheated after feeding water vapor to the aforesaid autoclave, a mixture filled in acontainer for hydrothermal treatment is hydrothermally processed.

Water vapor

condensed in this hydrothermal treatment becomes drainage, and a part of thisdrainage is contacted with a mixture to elute heavy metals from this mixture, which
results in the generation of heavy metal-containing drainage (drainage containing
heavy metals).

This heavy metal-containing drainage is received by a receptacle,

discharged to the outside of the autoclave via a pipe and decompression valve, and fed
to a container for heavy metal-containing drainage.

A residue of drainage (drainage

not in contact with a mixture) is discharged to the outside of the autoclave via anotherpipe and decompression valve and fed to the other container (a container for heavy
metal-free drainage).
B. According to the above A, Cited Reference 2 describes the Exhibit Ko 2
technique (aforesaid No. 2-3(3)) as the appeal decision found.
between the parties in this regard.
(3) Whether Different Feature 2' was easily conceivable
A. Motivation
15

There is no dispute(A) Relationship in Technical Field
Cited Invention relates to "a method for separating and recovering a liquid fortreating an organic material contained in medical waste, household waste, industrial
waste, and the like using steam at a high temperature and a high pressure , andobtaining the treated waste and a liquid which are separated from each other after thetreatment" (Exhibit Ko 1[0001]).
On the other hand, the Exhibit Ko 2 technique conducts "hydrothermal
treatment" of "waste" such as "soil and combusted ash including heavy metals"(Exhibit Ko 2, [0004], [0005]).
Consequently, both technical fields relate to a treatment of a waste by use ofhydrothermal reaction and relate to each other.
(B) Commonality of Problem
a. Cited Invention is intended for solving a problem to safely treat waste in
only one apparatus by means of steam at a high temperature and a high pressure, andsubsequently separate and recover the treated waste and a liquid by means of a simple
operation (Exhibit Ko 1 [0004]).

Cited Reference 1 discloses as organic waste fortreatment "organic waste contained in medical wastes disposed from medical
institutions such as injection syringes made of a synthetic resin, gauzes with blood,
disposable diapers, and operated internal organs, as well as household wastes disposedfrom general households such as raw garbage, and containers made of synthetic resinsuch as plastic, and industrial wastes such as wastes from food processing,
agricultural and fishery wastes, wastes of various industrial products, and sewage
sludge" (Exhibit Ko 1 [0035]).
Unexamined Patent Application Publication No. 2006-55761 (Exhibit Ko 3)
describes that "organic waste often includes heavy metals harmful for organisms thatneed to be insolubilized or removed." ([0003]), Unexamined Patent Application
Publication No. 2011-31180 (Exhibit Ko 4) describes that "the Invention allows heavy
metals, dioxins, nitrate, and agrichemicals including in soil, fertilizer, water,
combustion ash, waste disposal of cattle, factory disposal, sludge, and sewage to beeffectively decomposed and rendered harmless." ([0011]).

Unexamined Patent

Application Publication No. 2004-24969 (Exhibit Ko 5) describes that "heavy metals
are often mixed in these wastes in cities and industrial waste.

Therefore, when

combusting wastes in cities and industrial waste, heavy metals such as zinc, lead,nickel, cadmium, and copper derived from a volatile metal compound in wastes ofcities and industrial waste are contained in scattered fly ash or combustion ash
entrained in exhaust gas.

As seen above, the problem caused by the diffusion of16

heavy metals is pointed out as a great social problem ..." ([0003]), and that
"Conventionally, for disposal of fly ash and combustion ash generated in combusting
waste, methods are taken to implement a humidifying treatment for the prevention of
scattering, solidification with cement or asphalt for the use in landfill, or discharge toocean.

In a case of discharge to ocean, the Law requires solidification with cement

or the like and the treatment for the prevention of elution of heavy metals.

There arevarious problems for completely suppressing the elution of harmful metals from fly
ash or combustion ash by these methods.

Specifically, the above method allows

heavy metals contained in fly ash or combustion ash to remain in a soluble state,
which results in the elution of heavy metals over time even if fly ash or combustion
ash should be solidified, and leaves the possibility of occurrence of secondary
pollution. ..." ([0004]).

Unexamined Patent Application Publication No. 2006-

167509 (Exhibit Ko 6) describes that "this invention relates to a system for thetreatment of fish and seafood residues wasted in a process of food processing, waste
disposal of cattle such as poultry manure, pig feces, and cow manure, and agricultural
waste such as vegetable waste, as well as organic waste including animal and plant
residues such as food waste" ([0001]), and that "...fish and seafood residues containnot a small amount of heavy metals such as cadmium, mercury, and arsenic.

If theseare contained in fermented compost, such compost cannot be practically used for
agricultural crops. ..." ([0005]).

Unexamined Patent Application Publication No.

2008-155179 (Exhibit Ko 7) describes "an environmentally sound method for the heat
treatment of a product to be treated including foul water such as disposal of cattle aswell as factory sludge, construction sludge, or sludge such as sewage sludge ordomestic drainage sludge, the method comprising separating and storing exogenous
materials such as heavy metals in the product to be treated through carbonization
and/or heat decomposition of organic substances in the product to be treated. " ([Claim
1]).
According to these descriptions, it is recognized as a well-known matter as of
the filing of the present application that not only industrial waste but also various
wastes such as soil, fertilizer, water, combustion ash, waste disposal of cattle, factory
disposal, factory or construction sludge, sewage and domestic drainage sludge, wastes
in cities, and fish and seafood residues contain heavy metals as well as organic waste,
and that if heavy metals included in waste are left, it cannot only be used as afertilizer, but also a problem caused by the diffusion is pointed out as a great social
problem, and that for a disposition of fly ash and combustion ash generated in
combusting waste, measures such as a humidifying treatment, solidification, or17

discharge to the ocean were taken for the prevention of scattering, and in a case ofdischarge to the ocean, the Law requires solidification with cement or the like andtreatment for the prevention of elution of heavy metals.
Consequently, it is recognized as a problem that should be taken into accountby a person ordinarily skilled in the art in a technical field to which the Cited
Invention pertains that "organic waste" may include heavy metals, and such a problem
is inherently present as an obvious problem to be solved by the Cited Invention even
if Cited Reference 1 focusing on the separation between waste and a liquid after
treatment does not explicitly describe the problem.
b. On the other hand, the Exhibit Ko 2 technique has an objective to provide amethod for treatment of waste and an apparatus for treatment of waste capable oftreating a drainage containing heavy metals generated in a hydrothermal treatment ofwaste containing metals without installing an effluent treatment facility ([0005]).
The reaction of silica and calcium compound results in the generation of crystalline
calcium silicate such as tobermorite, thereby "entrapping heavy metals inside(immobilized) and suppressing the elution to the outside" ([0031]).

Thus it has an

objective to prevent the elution of heavy metals from a heavy metal-containing
drainage after hydrothermal treatment.
c. Consequently, it can be said that the Cited Invention and the Exhibit Ko 2
technique share a problem to be solved in that the elution of heavy metals in waste isprevented.
(C)

Commonality of Function and Effects

Cited Invention contains organic waste in a sealed container having a closed
space, stirs and grinds solid organic waste, and ejects high-temperature and highpressure steam for carbonization.

It discloses "a temperature of 180 to 250°C, and apressure of 15 to 35 atm (Court's note: 1.5 to 3.5 MPa)" as a condition forhydrothermal treatment ([0040]).
On the other hand, the Exhibit Ko 2 technique forms crystalline calcium
silicate such as tobermorite by hydrothermal treatment, and discloses a condition ofhydrothermal treatment "saturated steam at 130 to 300°C (Court's note: 0.28 to 9.41
MPa by calculating pressure of saturated steam at the same temperature)" ([0034]).
Consequently, the Cited Invention carbonizes organic substances, whereas the
Exhibit Ko 2 technique forms tobermorite crystal.

They differ from each other inphenomena that take place by hydrothermal reaction.

Thus there is no commonalityof function and effects that would motivate us to combine the Exhibit Ko 2 techniquewith the Cited Invention.

Of course, a hydrothermal treatment condition of18

temperature and pressure itself overlaps.

Thus it would not be a disincentive to

combine.
(D) As aforementioned, the Cited Invention and the Exhibit Ko 2 technique are
related to each other in technical field of hydrothermal treatment of waste and have incommon a problem to prevent the elution of heavy metals from waste.
B. Application of the Exhibit Ko 2 technique to the Cited Invention
However, even if the Exhibit Ko 2 technique should be applied to the Cited
Invention, Exhibit Ko 2 fails to describe the formation of tobermorite structure on asolid of said organic waste as a layer.

Thus a person ordinarily skilled in the art

would not conceive of "5CaO·6SiO2·5H2O crystal (tobermorite) structure in which
said heavy metals are entrapped" according to Different Feature 2' being "formed" as"a layer" "on a solid of said organic waste".
In this regard, the appeal decision determined that if the Exhibit Ko 2 technique
should be applied to the Cited Invention, "5CaO·6SiO2·5H2O crystal (tobermorite)
structure in which said heavy metals are entrapped" would be "formed" to some extent
as a "layer" "on a solid of said organic waste", whereas Defendant alleges that aperson ordinarily skilled in the art could easily expect that the whole surface of
produced granulate would be covered by a tobermorite crystal layer.

However,

although Unexamined Patent Application Publication No. 2002-320952 (Exhibit Ko8) discloses coating a surface of polluted soil by tobermorite production ([0028],
Figure 1; Figure 1 is as per the list of drawings of Exhibit Ko 8 of the attachment), it
cannot be recognized as a well-known art from such description that tobermorite
structure is "formed" "on a solid of said organic waste" as a "layer".
evidence in support of Defendant's allegation.

There is noThus it cannot be said that theconstitution of the invention according to Different Feature 2' was conceivable byapplying the Exhibit Ko 2 technique to Cited Invention 1.
C. Summary
For the above reason, a person ordinarily skilled in the art would not conceiveof the constitution according to the above Difference Feature 2' by applying the
Exhibit Ko 2 technique to the Cited Invention, and thus it cannot be said from thereasons of the appeal decision that the Invention was easil y conceivable on the basisof the Cited Invention and the Exhibit Ko 2 technique.
3. Conclusion
Therefore, the appeal decision contains illegality to be rescinded, and thus thePlaintiff's claim has a point.

A judgment shall be made as described in the main text.

Intellectual Property High Court, First Division
19

Presiding Judge TAKABE Makiko
Judge

KOBAYASHI Yasuhiko

Judge

SEKINE Sumiko

20

Attachment: List of Drawings of the Description[Figure 1][Figure 5]

Additives
Lime (CaO)

Polluted soil

SiO2 component
Cr ionSi ionCa ionSi ion

Cr ionCa ionCrystalgrowthPb ionPb ionSi ionSiO2component

21

Attachment:

List of Drawings of Cited Reference 1[Figure 1]

22

Attachment: List of Drawings of Exhibit Ko 8

[Figure 1]

Tobermorite including heavy metals
Tobermorite free from heavy metals

Soilparticles23