Patent

Date

October 31, 2022

Court

Right

Case

2021 (Gyo-Ke) 10085

Intellectual Property High
Court, Fourth Division

number- A case in which the court held that there was no error in a decision made by the JPO
regarding its findings of the primary prior art and of the common features anddifferences between the primary prior art and the invention claimed by the patent inquestion (the Invention), but that there was an error in the determination by the JPO
regarding whether the Invention could have been easily conceived of by a person
skilled in the art.
- A case in which the court held that there was an error in the JPO decision to theeffect that the Invention does not satisfy the support requirement.
Case type: Rescission of Trial Decision of Invalidation
Result: Granted
References: Article 29, paragraph (2) and Article 36, paragraph (6), item (i) of the
Patent Act
Related rights, etc.: Invalidation Trial No. 2020-800013, Patent No. 4466883
Summary of the Judgment
No. 1 Outline of the case
1. History of the procedures at the Japan Patent Office (JPO)(1) On October 31, 2007, the Plaintiff filed a new application (Patent Application No.
2007-283059; hereinafter referred to as the "Application") for an invention titled"Printed retroreflective sheet" by dividing part of a patent application filed on April 10,2000 (Patent Application No. 2000-108636). On March 5, 2010, the Plaintiff obtained
a registration establishing a patent right (Patent No. 4466883; the number of claims: 4;
hereinafter referred to as the "Patent").
(2) On February 13, 2020, the Defendant filed a request for a patent invalidation trial
to seek invalidation of the Patent (Invalidation Trial No. 2020-800013). As of February
5, 2021, the Plaintiff filed a request for correction to correct Claims 1 and 2 and delete
Claims 3 and 4 among Claims 1 to 4, which form a group of claims, and to correct thestatement of paragraph [0016] in the description attached to the written application of
the Application (the description including the drawings is hereinafter referred to as the"Description") (these corrections are collectively referred to as the "Correction").
On June 16, 2021, the JPO approved the Correction and rendered a decision to theeffect that the patent for the inventions described in Claims 1 and 2 of Patent No.
i4466883 shall be invalidated (hereinafter referred to as the "JPO Decision"). The
certified copy of the JPO Decision was served upon the Plaintiff on June 24, 2021.
(3) On July 21, 2021, the Plaintiff filed this suit to seek rescission of the JPO Decision.
2. Summary of the JPO Decision(1) The invention relevant to Claim 1 of the Patent ("Invention 1") and the invention
relevant to Claim 2 of the Patent ("Invention 2") could have been easily made by aperson skilled in the art based on the invention disclosed in the description of
Publication of United Kingdom Patent Application No. 2171335 (Exhibit Ko 1
Document) and the art disclosed in Publication of Japanese Patent Application No.
1999-305018 (Exhibit Ko 3), both of which fall within the category of publications
distributed in Japan or in a foreign country prior to the filing of the Application, as wellas based on well-known art. Therefore, Invention 1 and Invention 2 are unpatentablepursuant to Article 29, paragraph (2) of the Patent Act.
(2) Invention 1 and Invention 2 could have been easily made by a person skilled in theart based on the inventions (Exhibit Ko 2 Invention A and Exhibit Ko 2 Invention B)
disclosed in the description of West German Patent Application No. 2118822 (Exhibit
Ko 2 Document), which falls within the category of publications distributed in Japan orin a foreign country prior to the filing of the Application, and based on well-known art.
Therefore, Invention 1 and Invention 2 are unpatentable pursuant to Article 29,
paragraph (2) of the Patent Act.
(3) Since the Invention cannot be deemed to be stated in the detailed explanation of theinvention, the statements of the claims of the Patent do not satisfy the requirement
prescribed in Article 36, paragraph (6), item (i) of the Patent Act.
No. 2 Summary of the court decisionThis case involves a wide range of issues. The sections below provide a summaryof the court decision regarding [i] the error in the determination on whether Invention
1 could have been easily conceived of based on Exhibit Ko 1 Invention as the primaryprior art, and [ii] the error in the determination on the violation of the support
requirement.
1. Error in the determination on whether Invention 1 could have been easily conceivedof based on Exhibit Ko 1 Invention as the primary prior art(1) The Invention is intended to solve the problem with prior art, that is, poor weather
resistance and water resistance in the case where a printing layer is provided on atriangular pyramidal cube corner retroreflective sheet or a vapor deposition type
triangular pyramidal cube corner retroreflective sheet, etc. in order to improve the hueof these sheets. Its technical significance exists in providing a retroreflective sheet withii

the following features: [i] polycarbonate resin is used for the reflective element layerand (meth) acrylic resin is used for the surface protective layer; [ii] the printing layer
is installed between the holder layer and the surface protective layer in a manner thatthe printing layer makes contact with the holder layer and the surface protective layer;[iii] the printing layer and the printing area that forms an independent area are arranged
in a repeating pattern, and do not form a continuous layer, with the area of the
independent printing area being 0.15 mm2 to 30 mm2; [iv] the printing layer contains
titanium oxide as a white inorganic pigment. In consideration of the difference between
the structures of the examples and the comparative examples disclosed in the
Description and the test results ([0079]), the features mentioned in [ii] and [iii] can be
regarded as structures that are indispensable for solving the problem.
It then follows that it is inappropriate to examine whether the Invention could havebeen easily conceived of by focusing separately on Differences 1-1 and 1-4 relating tofeatures [ii] and [iii], but rather these features should be examined as forming a single
structure.
(2) A. The structure of Exhibit Ko 1 Invention comprises "a backing 10 made of plastic,""a first layer 12 made of retroreflective material on one side of the plastic backing 10,""a second layer 14 made of retroreflective material" over the first layer 12, glass
microspheres 16 that are firmly fixed and partly embedded in the second layer 14, anda cover layer 18. Part of the cover layer 18 is colored white, and the white coloration isprinted on one or both sides of the cover layer 18. The cover layer 18 is not attached tothe assembly except adjacent to the edges of the piece of material, or in other words,
there is a space between the cover layer 18 and the glass microspheres 16. The space
between the printing layer and the glass microspheres 16 forms a path of light ofretroreflection by deflecting the light with the interface between the air in the space andthe glass microspheres (page 3 of the Defendant's brief; the same in the JPO Decision).
With regard to such a retroreflective sheet, the first layer and the second layer, which
are made of retroreflective material, the microspheres attached thereon, and the coverlayer partially printed in white, can be understood as constituting a single technical idea,that is, retroreflective material that reflects the incident light from the headlights ofvehicles at night and appears white in daylight, which is the purpose of Exhibit Ko 1
Invention.
Thus, Exhibit Ko 1 Invention has a structure wherein there is a space between the
cover layer 18 with the printing layer that is colored in white on one or both sides of
the cover layer 18 in a uniform pattern of multiple dots, and the microspheres 16, andthe cover layer 18 is not attached to the assembly except adjacent to the edges of theiii

piece of material. The space is provided to form a path of light of retroreflection.
Therefore, a person skilled in the art who has come across Exhibit Ko 1 Invention isunable to recognize the problem of decline in retroreflectivity due to, for example, ablister in the printing layer caused by water, etc. penetrating into the space between theprinting layer and the second layer 14. There is no motivation, on the assumption ofsuch problem, to apply the art disclosed in Exhibit Ko 3 ("triangular pyramidal cube
corner retroreflective sheet which comprises, in the order from the incident direction oflight (10), the surface protective layer (4), the printing layer (5) for communicating
information to the observer or coloring the sheet, the bonding material layer (6) for
achieving the sealing structure to prevent water from penetrating into the back side of
the reflective element layer, the air layer (3) surrounded by the reflective element layer(1) and the bonding material layer (6) which is for guaranteeing retroreflection with theinterface of the reflective element, the holder layer (7) that supports the bonding
material layer (6), and the adhesive agent layer (8) and the separating agent layer (9)that are used to attach the retroreflective sheet to another structure").
B. In addition, how to increase the retroreflective efficiency of retroreflective mater ial
is a well-known problem. Even though it is known that a cube corner retroreflective
element has greater retroreflective efficiency than an element using micro glass spheres,the cover layer 18 and the printing layer that is colored in white on one or both sides of
the cover layer 18 in a uniform pattern of multiple dots, which are contained in Exhibit
Ko 1 Invention, are structured based on the structure using glass microspheres in amanner that they do not obscure or attenuate more than a limited amount of theretroreflectivity at night and sufficient white color is present such that they appear whitein daylight (page 1, lines 115 to 123). Therefore, there is no motivation to maintain such
structure of the cover layer 18 and the printing layer that is colored white and extract
only the layer structure that is present between the printing layer and the backing 10,
and then replace it with the layer structure based on the art disclosed in Exhibit Ko 3 ,which comprises triangular pyramidal cube corner retroreflective material, the air layer,
and the bonding material layer.
C. Even if it is assumed that with regard to the "space, glass microspheres, second layer
14, and first layer 12," which are among the structures of Exhibit Ko 1 Invention, there
is motivation to apply the structures of "bonding material layer (6), air layer (3),triangular pyramidal retroreflective element layer (1), and holder layer (3)," which areamong the structures of the art disclosed in Exhibit Ko 3, there is no evidence to findthat the cover layer 18 can be structured in a manner that it makes contact with theholder layer.
iv

(3) As explained above, there is no motivation to apply the art disclosed in Exhibit Ko
3 to Exhibit Ko 1 Invention, and even if there is any such motivation, a person skilledin the art would not be able to conceive of the structure wherein "the printing layer isinstalled between the holder layer and the surface protective layer in a manner that theprinting layer makes contact with the holder layer and the surface protective layer"(Difference 1-1).
Accordingly, there is no motivation for a person skilled in the art to recognize
problems such as a blister in the printing layer due to the installation of the printing
layer between the holder layer and the surface protective layer and examine the area
ratio of the independent printing area based on such recognition, and hence such person
would not be able to conceive of the structure regarding Difference 1 -4.
2. Error in the determination on the violation of the support requirement(1) Taking into account all of the statements in the Description, it is found that theInvention provides a retroreflective sheet with improved hue which solves the defect ofprior art—poor weather resistance and water resistance in the case where a printing
layer is provided on a triangular pyramidal cube corner retroreflective sheet or a vapor
deposition type triangular pyramidal cube corner retroreflective sheet in order toimprove the hue of these sheets—by employing a very simple and inexpensive method.
(2) According to the detailed explanation of the invention contained in the Description,
the Invention can be regarded as an invention stated in the detailed explanation of theinvention.
In addition, in light of the layered structure indicated in Figure 1, Examples 1 to 3
contained in the Description comprise a "reflective element layer consisting of areflective element and a holder layer" and a "surface protective layer installed on thereflective element layer" and a printing layer is installed between the holder layer andthe surface protective layer. As Figure 4 (unlike Figure 6) shows that printing areas arearranged in a zigzag, "the printing area forms an independent area and is arranged in a
repeating pattern," and it "does not form a continuous layer." The area of the
independent printing area is 1 mm 2 in Examples 1 and 2, and 0.25 mm 2 in Example 3.
The printing layer is a retroreflective sheet of 2 μm in thickness which is printed using
pigments such as titanium oxide ([0061]). In these examples, there was no abnormality
in terms of retroreflectivity and the appearance after the weather resistance test,
whereas in the comparative examples (the pattern without an independent print ing areain Figure 6), the generation of a blister in the printing layer was disclosed.
In view of the statements in individual paragraphs in the Description and the resultsof the comparative tests above, it can be said that the detailed explanation of thevinvention contained in the Description provides the disclosure to the extent that a person
skilled in the art would be able to recognize that the retroreflective sheet that satisfies
the matters specifying the Invention can solve the problem targeted by the Invention.
(3) The JPO found that with regard to the layered structure of the "holder layer,""surface protective layer" and "printing layer," the "claims" of the Invention only statethat "the printing layer is installed between the holder layer and the surface protective
layer in a manner that the printing layer makes contact with the holder layer and thesurface protective layer" and there is no statement specifying whether the "holder layer"
makes contact with the "surface protective layer." On these grounds, the JPO
determined that the scope of the Invention includes a retroreflective sheet that lacks the
structure wherein the "holder layer" and the "surface protective layer" are bonded
together with a width where adhesion is secured.
However, as the Invention relates to a retroreflective sheet used for road signs,
construction signs, and other signs, and number plates for vehicles such as automobiles
and motorcycles ([0002]), it can be said that the Invention is necessarily supposed to
be used outside, and it can also be said that requiring a certain degree of weather
resistance for a retroreflective sheet is in itself common general technical knowledge.
The Description states that in order to improve the hue of the conventional type ofretroreflective sheet, attempts have been made to provide a continuous printing layer
on a part of a retroreflective sheet, but the printing layer has defects such that its
adhesion with the surface protective layer is slightly inferior, a blister is generated in
the weather resistance test and it is easy to absorb water ([0008][0009][0012]). In lightof these circumstances, it is unreasonable to consider that the scope of the "claims" ofthe Invention includes a retroreflective sheet that lacks the structure wherein the "holder
layer" and the "surface protective layer" are bonded together with a width where
adhesion is secured only because the "claims" do not contain a statement specifying
whether the holder layer and the surface protective layer make contact with each other.
Rather, it should be considered that the adhesion between these layers is taken as agiven (even in light of the terms, "surface protective layer" and "holder layer," and theirnature, it is difficult to assume that these layers are bonded purposefully with a width
where adhesion is not secured).

viJudgment rendered on October 31, 2022
2021 (Gyo-Ke) 10085, Case of seeking rescission of the JPO decision
Date of conclusion of oral argument: September 12, 2022
Judgment
Plaintiff: Nippon Carbide Industries, Co., Inc.

Defendant: 3M Innovative Properties Company
Defendant: 3M Japan Innovation Limited

Main text
1. The decision made by the Japan Patent Office (JPO) on June 16, 2021, concerning
the case of Invalidation Trial No. 2020-800013, shall be rescinded.
2. The Defendants shall bear the court costs.
3. The additional time frame for final appeal and for petition for acceptance of final
appeal against this judgment shall be thirty days.
Facts and reasonsNo. 1 Claim
Same as paragraph 1 of the main text.
No. 2 Outline of the case
1. Outline of procedures at the JPO (There are no disputes between the parties.)(1) On October 31, 2007, the Plaintiff filed a new application (Patent Application No.
2007-283059; hereinafter referred to as the "Application") for an invention titled"Printed retroreflective sheet" by dividing part of a patent application filed on April 10,2000 (Patent Application No. 2000-108636). On March 5, 2010, the Plaintiff obtained
a registration establishing a patent right (Patent No. 4466883; the number of claims: 4;
hereinafter referred to as the "Patent").
(2) On February 13, 2020, the Defendant filed a request for a patent invalidation trial
to seek invalidation of the Patent (Invalidation Trial No. 2020-800013).
As of February 5, 2021, the Plaintiff filed a request for correction to correct Claims
1 and 2 and delete Claims 3 and 4 among Claims 1 to 4, which form a group of claims,
and to correct the statement of paragraph [0016] in the description attached to thewritten application of the Application (the description including the drawings ishereinafter referred to as the "Description") (these corrections are collectively referred
to as the "Correction").
1

On June 16, 2021, the JPO approved the Correction and rendered a decision to theeffect that the patent for the inventions described in Claims 1 and 2 of Patent No.
4466883 shall be invalidated (hereinafter referred to as the "JPO Decision"). The
certified copy of the JPO Decision was served upon the Plaintiff on June 24, 2021.
(3) On July 21, 2021, the Plaintiff filed this lawsuit to seek rescission of the JPO
Decision.
2. Statements of the claims
The statements of Claims 1 and 2 in the claims after the Correction are as shown
below (hereinafter the invention related to Claim 1 after the Correction is referred to as"Invention 1"; the invention related to Claim 2 after the Correction is referred to as"Invention 2"; and Invention 1 and Invention 2 are collectively referred to as the"Invention").
[Claim 1]
A printed retroreflective sheet, which is a retroreflective sheet consisting of at leasta reflective element layer, which consists of many reflective elements and a holder layer,
and a surface protective layer, which is installed on the reflective element layer, and ischaracterized by the following; wherein polycarbonate resin is used for the reflective
element layer; wherein (meth)acrylic resin is used for the surface protective layer;
wherein the printing layer is installed between the holder layer and the surface
protective layer in a manner that it makes contact with the holder layer and the surface
protective layer; wherein the printing area of the printing layer forms an independentarea and is arranged in a repeating pattern, and does not form a continuous layer, withthe area of the independent printing area being 0.15 mm 2 to 30 mm2; and wherein theprinting layer contains titanium oxide as a white inorganic pigment.
[Claim 2]
A printed retroreflective sheet, which is a retroreflective sheet consisting of at leasta reflective element layer, which consists of many reflective elements and a holder layer,
and a surface protective layer, which is installed on the reflective element layer, wherein
the reflective elements are triangular pyramidal cube-corner retroreflective elements,
and is characterized by the following; wherein polycarbonate resin is used for thereflective element layer; wherein (meth)acrylic resin is used for the surface protective
layer; wherein the printing layer is installed between the holder layer and the surface
protective layer in a manner that it makes contact with the holder layer and the surface
protective layer; wherein the printing area of the printing layer forms an independentarea and is arranged in a repeating pattern, and does not form a continuous layer, withthe area of the independent printing area being 0.15 mm 2 to 30 mm2; wherein the2printing layer thickness is 0.5 μm to 10 μm; and the printing layer contains whitetitanium oxide.
3. Summary of the JPO Decision(1) an invention stated in the description of Publication of U.K. Patent Application No.
2171335 (Exhibit Ko 1; hereinafter referred to as "Exhibit Ko 1 Document") which was
found by the JPO Decision (hereinafter referred to as "Exhibit Ko 1 Invention), andcommon features and differences between Inventions 1 and 2 and Exhibit Ko 1
Invention (underlines hereinafter, including Attachment, were provided by the JPO
Decision unless particularly noted)
A. Exhibit Ko 1 Invention"A retroreflective material, which has the plastic backing 10; wherein the first layer
12 of retroreflective material is coated on a single side of the backing 10; wherein thesecond layer 14 of retroreflective material is coated on the first layer 12; whereinmultiple pieces of glass microspheres 16 are installed on the second layer 14; wherein
the second layer 14 is formed by a liquid; wherein glass microspheres 16 are partiallyembedded in the second layer 14 while it is still liquid; wherein when the second layer
14 dries, glass microspheres 16 are firmly secured to the second layer 14; wherein the
cover layer 18 is provided on the second layer 14; wherein the cover layer 18 is not
attached to the remaining part of the assembly except parts adjacent to the edge of apiece of material; wherein part of the cover layer 18 is colored white; wherein the whitecolor is a retroreflective material printed on a single side or both sides of the cover layer
18; and wherein the white colored part is a uniform pattern of multiple dots."
B. Common features and differences between Invention 1 and Exhibit Ko 1 Invention(A) Common features"A printed retroreflective sheet, which is a retroreflective sheet consisting of at leasta reflective element layer and a surface protective layer, which is installed on thereflective element layer; wherein the printing layer is installed in a manner that it makes
contact with the surface protective layer; and wherein the printing area of the printing
layer forms an independent area and is arranged in a repeating pattern, and does notform a continuous layer."(B) Differences(Difference 1-1)
In Invention 1, the "retroreflective sheet" is "consisting of at least a reflective
element layer, which consists of many reflective elements and a holder layer, and asurface protective layer, which is installed on the reflective element layer" and "theprinting layer is installed between the holder layer and the surface protective layer in a3

manner that it makes contact with the holder layer and the surface protective layer."
However, Exhibit Ko 1 Invention does not have the aforementioned underlined
positional relationship and combination of components.
(Difference 1-2)
In Invention 1, "polycarbonate resin is used" for the "reflective element layer."
However, in Exhibit Ko 1 Invention, the materials are not specified.
(Difference 1-3)
In Invention 1, "(meth)acrylic resin is used" for the "surface protective layer."
However, in Exhibit Ko 1 Invention, the materials are not specified.
(Difference 1-4)
In Invention 1, the "retroreflective sheet" is specified as having "the area of the
independent printing area being 0.15 mm 2 to 30 mm 2." However, in Exhibit Ko 1
Invention, the area of the "dots" is not specified.
(Difference 1-5)
In Invention 1, the material of the "printing layer" is specified as containing"titanium oxide as a white inorganic pigment." However, in Exhibit Ko 1 Invention, thematerials are not specified.
C. Common features and differences between Invention 2 and Exhibit Ko 1 Invention(A) Common features
Same as B. (A) above.
(B) Differences
In addition to Differences 1-2 through 1-4, the following points are different.
(Difference 1-1')
In Invention 2, the "retroreflective sheet" is "consisting of at least a reflective
element layer, which consists of many reflective elements and a holder layer, and asurface protective layer, which is installed on the reflective element layer, wherein thereflective elements are triangular pyramidal cube-corner retroreflective elements" and"the printing layer is installed between the holder layer and the surface protective layer
in a manner that it makes contact with the holder layer and the surface protective layer."
However, Exhibit Ko 1 Invention does not have the aforementioned underlined
positional relationship and combination of components.
(Difference 1-5')
In Invention 2, the material of the "printing layer" is specified as containing "whitetitanium oxide as a white inorganic pigment" and its thickness being "0.5 μm to 10 μm."
However, in Exhibit Ko 1 Invention, the materials and thickness are not specified.
(2) An invention stated in the description of West Germany Patent Application No.
42118822 (Exhibit Ko 2; hereinafter referred to as "Exhibit Ko 2 Document") which was
found by the JPO Decision (as stated below, said invention includes "Exhibit Ko 2
Invention A" or "Exhibit Ko 2 Invention B"; they are collectively referred to as "Exhibit
Ko 2 Invention"), and common features and differences between Inventions 1 and 2 andExhibit Ko 2 Invention A or Exhibit Ko 2 Invention B
A. (A) Exhibit Ko 2 Invention A"A reflector plate, which is used as a number plate of a vehicle;
which has a plastic plate; wherein the visible surface is smooth, for which the backsurface has a triangular prism and is covered with a reflective layer on which thereflective coating is provided; wherein on the visible surface of the reflector plate ,letters and/or numbers and other codes are engraved, embossed, or attached; wherein
the triangular prism forms an upside-down triangular pyramid;
wherein the codes are in a color different from that of the reflective surface on which
the codes are not included; andwherein many white dots in the form of the "Raster" are printed on the visible
surface of the reflector plate in order to show the reflective surface, on which the codes
are not included, in white and opaque during the daytime; and wherei n the "Raster" iscreated so that reflected light is transmitted at the predetermined percentage."(b) Exhibit Ko 2 Invention B"A reflector plate, which is used as a number plate of a vehicle;
which has a plastic plate; wherein the visible surface is smooth, for which the backsurface has a triangular prism; wherein the triangular prism forms an upside -down
triangular pyramid;
wherein on the overall visible surface of the reflector plate, a coloring layer, which
is a printed transparent foil, is combined with the plastic materials of the plastic plate
during or after the casting or injection molding process;wherein the reflector plate is embossed and then the front part of the embossed
codes on the coloring layer is polished by a rotary disc; andthus, the coloring layer of the convex code is eliminated and, at the same time, thecoloring layer of the non-convex surface is maintained."
B. Common features and differences between Invention 1 and Exhibit Ko 2 Invention
A(A) Common features"A printed retroreflective sheet, which is a retroreflective sheet consisting of at least
many reflective elements and a holder layer; wherein a printing layer is installed."(B) Differences
5(Difference 2A-1)
In Invention 1, the "retroreflective sheet" is "consisting of at least a reflective
element layer, which consists of many reflective elements and a holder layer, and asurface protective layer, which is installed on the reflective element layer" and "wherein(meth)acrylic resin is used for the surface protective layer; wherein the printing layer
is installed between the holder layer and the surface protective layer in a manner that it
makes contact with the holder layer and the surface protective layer." However, Exhibit
Ko 2 Invention A does not have the "surface protective layer" "wherein (meth)acrylic
resin is used" and the aforementioned underlined positional relationship.
(Difference 2A-2)
In Invention 1, "polycarbonate resin is used" for the "reflective element layer."
However, in Exhibit Ko 2 Invention A, the materials are not specified.
(Difference 2A-3)
In Invention 1, regarding the "printing layer," "the printing area of the printing layer
forms an independent area and is arranged in a repeating pattern, and does not form acontinuous layer, with the area of the independent printing area being 0.15 mm 2 to 30
mm2." However, in Exhibit Ko 2 Invention A, "many white dots in the form of the'Raster' are printed on the visible surface of the reflector plate in order to show thereflective surface, on which the codes are not included, in white and opaque during thedaytime, and the 'Raster' is created so that reflected light is transmitted at thepredetermined percentage."(Difference 2A-4)
In Invention 1, the material of the "printing layer" has a structure that "contains
titanium oxide as a white inorganic pigment." However, in Exhibit Ko 2 Invention A,
the materials are not specified.
C. Differences between Invention 2 and Exhibit Ko 2 Invention A
In addition to Differences 2A-1 through 2A-3, the following points are different.
(Difference 2A-4')
In Invention 2, the material of the "printing layer" is specified as containing "whitetitanium oxide as a white inorganic pigment" and its thickness is specified to be "0.5μm to 10 μm." However, in Exhibit Ko 2 Invention A, the materials and thickness are
not specified.
D. Differences between Invention 1 and Exhibit Ko 2 Invention B(Difference 2B-1)
In Invention 1, "(meth)acrylic resin is used" for the "surface protective layer."
However, in Exhibit Ko 2 Invention B, the materials are not specified.
6

In addition, in Invention 1, the "retroreflective sheet" has a structure wherein "theprinting layer is installed between the holder layer and the surface protective layer in amanner that it makes contact with the holder layer and the surface protective layer."
However, in Exhibit Ko 2 Invention B, the underlined positional relationship is not
obvious.
(Difference 2B-2)
In Invention 1, "polycarbonate resin is used" for the "reflective element layer."
However, in Exhibit Ko 2 Invention B, the materials are not specified.
(Difference 2B-3)
In Invention 1, "the printing area of the printing layer" "forms an independent area
and is arranged in a repeating pattern, and does not form a continuous layer, with thearea of the independent printing area being 0.15 mm 2 to 30 mm2." However, in Exhibit
Ko 2 Invention B, it is not obvious whether it has the aforementioned structure.
(Difference 2B-4)
In Invention 1, the material of the "printing layer" has a structure of containing"titanium oxide as a white inorganic pigment." However, in Exhibit Ko 2 Invention B,
the materials are not specified.
E. Differences between Invention 2 and Exhibit Ko 2 Invention B
In addition to Differences 2B-1 through 2B-3, the following points are different.
(Difference 2B-4')
In Invention 2, the material of the "printing layer" is specified as containing "whitetitanium oxide as a white inorganic pigment" and its thickness is specified to be "0.5μm to 10 μm." However, in Exhibit Ko 2 Invention B, the materials and thickness are
not specified.
(3) Grounds for Invalidation 1 (lack of an inventive step)
A. Invention 1(A) Differences 1-1 and 1-2
Exhibit Ko 1 Document is a publication issued in 1986 and Exhibit Ko 1 Invention
is based on the technical level of a person skilled in the art at that time. However, aperson skilled in the art before the filing of the Application would understand a
retroreflective sheet that uses the retroreflective principle of a cube -corner
retroreflective element, such as a triangular pyramidal reflective element, etc., as"retroreflective material" which has superior retroreflective properties. In addition, thecharacteristic part of Exhibit Ko 1 Invention is seen where "part of the cover layer 18""is colored white," and "the white colored part" "is a uniform pattern of multiple dots."
Therefore, Exhibit Ko 1 Invention intends to satisfy both the retroreflective properties7

at night and the white colored nature under sunlight for traffic hazard signs and roadsigns.
Then, it is considered that a person skilled in the art would also apply the structurestated in Unexamined Patent Application Publication No. 1999-305018 (Exhibit Ko 3;
hereinafter referred to as "Exhibit Ko 3 Document") to the "retroreflection" in Exhibit
Ko 1 Invention. In other words, [0137] and FIG.13 of Exhibit Ko 3 Document have thefollowing statements: "a triangular pyramidal cube-corner retroreflective sheet which
comprises, in the order from the incident direction of light (10), the surface protective
layer (4), the printing layer (5) for communicating information to the observer orcoloring the sheet, the holding layer (2) for holding reflective elements, reflective
element layer (1) where triangular pyramidal retroreflective elements (R 1, R2) arearranged in the closest packing state, the air layer (3) for guaranteeing retroreflection
at the interface of the reflective element, the bonding material layer (6) for achieving
the sealing structure to prevent water from penetrating into the back side of thereflective element layer, the holder layer (7) that supports the bonding material layer(6), and the adhesive agent layer (8) and the separating agent layer (9) that are used toattach the retroreflective sheet to another structure" (hereinafter the statements arereferred to as "Art Disclosed in Exhibit Ko 3"). Therefore, a person skilled in the art
who compares both of them from a functional perspective would consider to replace thestructure for retroreflection in Exhibit Ko 1 Invention consisting of the first layer 12,
second layer 14, and a space, with the structure in the Art Disclosed in Exhibit Ko 3,
which is also a structure for retroreflection, consisting of the holder layer (2), reflective
element layer (1), air layer (3), and bonding material layer (6) by reversing the order ofthe layers.
Therefore, in Exhibit Ko 1 Invention, applying the structures related to Difference
1-1 and Difference 1-2 is within the regular creativity and ingenuity of a person skilledin the art.
(B) Difference 1-3
Exhibit Ko 1 Document has no specific statements on the materials of "the coverlayer 18." Since it is common general technical knowledge that (meth)acrylic resin has
excellent weatherability, transparency, shine, etc., a person skilled in the art would
consider to apply the structure using (meth)acrylic resin, which has excellent
transparency and weatherability, to the material of "the cover layer 18" in Exhibit Ko 1
Invention.
(C) Difference 1-4
When printing "multiple dots" in Exhibit Ko 1 Invention, it can be said that a person8skilled in the art can conceive of creating a space to the extent the light retroreflection
is not prevented since it is necessary to satisfy both the retroreflective properties atnight and the white colored nature under sunlight; and also can conceive of the structureof having "the area of the independent printing area being 0.15 mm 2 to 30 mm 2 " inInvention 1 related to Difference 1-4 since it is required to design and print "a uniform
pattern of multiple dots" in a size where the "retroreflective material" looks white as awhole.
(D) Difference 1-5
In consideration of the fact that white titanium oxide is widely used as a color
material for coloring in white, applying the structure related to Difference 1-5 to Exhibit
Ko 1 Invention is only a natural option for a person skilled in the art.
(E) Effects of invention
The Description has no statements related to the effects of the invention; however,it has the following statement: "In light of the defects in the prior art as above, thepresent invention provides a retroreflective sheet for which the hue is improved by
employing a very simple and inexpensive method" ([0014]). Since Exhibit Ko 1
Invention has a structure wherein "part of the cover layer 18 is colored white; wherein
the white colored part is printed on a single side or both sides of the cover layer 18," itis regarded to be a retroreflective sheet for which the hue is improved by employing avery simple and inexpensive method. In addition, "the cover layer 18" in Exhibit Ko 1
Invention has a structure wherein "the cover layer 18 is not attached to the remaining
part of the assembly except adjacent to the edge of a piece of material." Therefore,
Exhibit Ko 1 Invention is considered to show the effects of weatherability and water
resistance and effects at the same level as the effects that are understood by the working
example of Invention 1. These effects continue to be shown even if the Art Disclosed
in Exhibit Ko 3 is applied.
It cannot be said that the effects of Invention 1 could not be predicted by a person
skilled in the art as those shown by the structure of Invention 1 at the time when the
Application was filed and it cannot be said that the effects are signific ant and beyond
the effects in the scope that a person skilled in the art could have predicted.
B. Invention 2(A) Differences 1-1' and 1-2
Same as A. (A) above.
(B) Differences 1-3 and 1-4
Same as of A. (B) and (C) above.
(C) Difference 1-5'
9

In consideration of the facts that white titanium oxide is widely used as a color
material for coloring in white and the thickness of a regular printing layer for coloringis included in the range of "0.5 μm to 10 μm," applying the structure of Difference 1-5'
to Exhibit Ko 1 Invention is only a natural option for a person skilled in the art.
(D) Effects of invention
Same as A. (E) above.
C. Summary
Inventions 1 and 2 could have been easily conceived of by a person skilled in theart based on Exhibit Ko 1 Invention that is stated in Exhibit Ko 1 Document, which isa publication distributed in Japan and overseas before the Application was filed, and
the Art Disclosed in Exhibit Ko 3, as well as on well-known art, and therefore, theycannot be patented pursuant to the provisions of Article 29, paragraph (2) of the Patent
Act.
(4) Grounds for Invalidation 2 (lack of an inventive step)
A. Invention 1 (in cases where Exhibit Ko 2 Invention A is regarded as a prior art)
(A) Difference 2A-1
Exhibit Ko 2 Invention A is a reflector plate that is used as number plates forvehicles. It is obvious that "many white dots" "printed" on the "visible surface" should
be protected. Therefore, it is appropriate to protect the surface with a protective layerusing (meth)acrylic resin that has excellent weatherability, transparency, and shine. A
person skilled in the art can apply the structure wherein the protective layer is provided
on the "visible surface" on which "many white dots are printed" in order to protect thesurface by providing a transparent film using (meth)acrylic resin or a hard coat layerusing (meth)acrylic resin, and therefore, a person skilled in the art can conceive of thestructure of Difference 2A-1.
(B) Difference 2A-2
The "plastic plate" in Exhibit Ko 2 Invention A has a "triangular prism" that "forms
an upside-down triangular pyramid." Therefore, it can be said that a person skilled in
the art focuses on well-known polycarbonate resin that is a resin with excellent
morphological stability, etc.
(C) Difference 2A-3
The "many white dots" in Exhibit Ko 2 Invention A are "to show the reflective
surface, on which the codes are not included, in white and opaque during the daytime"and make it sure "so that reflected light is transmitted at the predetermined percentage."
Since they are expressed as "many white dots," it can be understood that they are printed
in a meshed form. In addition, the meshed form consisting of many white dots is10

included in the pattern options of a person skilled in the art who prints "many whitedots" "to show the reflective surface, on which the codes are not included, in white andopaque during the daytime" and make it sure " so that reflected light is transmitted at
the predetermined percentage." Then, the structure wherein "the printing area of theprinting layer forms an independent area and is arranged in a repeating pattern, anddoes not form a continuous layer" in Difference 2A-3 is not a difference; or if it is adifference, it is only one of the options that a person skilled in the art can selectoptionally.
In addition, the determination on the size of each "dot" (mesh) of "many white dots"
is the same as Difference 1-4 ((3), A. (C) above).
(D) Difference 2A-4
It is the same as Difference 1-5 ((3) A. (D) above).
(E) Effects of invention
In Exhibit Ko 2 Invention A, many white dots are provided by printing as a means
to show the reflective surface, on which codes are not included, in white and opaqueduring the daytime. Therefore, it can be said that Exhibit Ko 2 Invention A "provides a
retroreflective sheet for which the hue is improved by employing a very simple andinexpensive method" ([0014] of the Description) and the effects of excellent
weatherability and water resistance ([0015] of the Description) are only the effects thatare predicted by a person skilled in the art who can install the protective layer.
Therefore, it cannot be said that the effects of Invention 1 could not be predicted bya person skilled in the art as those shown by the structure of Invention 1 at the time
when the Application was filed and it cannot be said that the effects are significant andbeyond the effects in the scope that a person skilled in the art could have predictedbased on the structure of Invention 1.
B. Invention 2 (in cases where Exhibit Ko 2 Invention A is regarded as a prior art)
(A) Differences 2A-1 through 2A-3
They are as stated in A. (A) through (C) above.
(B) Difference 2A-4'
In consideration of the facts that white titanium oxide is widely used as a color
material for coloring in white and the thickness of a regular printing layer for coloringis included in the range of "0.5 μm to 10 μm," applying the structure of Difference 2A4' to Exhibit Ko 2 Invention A is only a natural option for a person skilled in the art.
(C) Effects of invention
It is as stated in A. (E) above.
C. Invention 1 (in cases where Exhibit Ko 2 Invention B is regarded as a prior art)
11

(A) Differences 2B-1
The "reflector plate" in Exhibit Ko 2 Invention B is "used as number plates forvehicles" and it should be resistant to outdoor use and transparency should be kept.
Therefore, as the material for the "transparent foil," it is appropriate to use (meth)ac rylic
resin, which has excellent weatherability, transparency, shine, etc. In addition, inExhibit Ko 2 Invention B, it is obvious that the printed side of the "printed transparent
foil" is combined with a "plastic plate" in order to protect the printing f rom
contamination or damage, etc. and it is a structure that a person skilled in the art would
naturally apply when considering the protection of the printed surface.
(B) Difference 2B-2
It is the same as Difference 2A-2.
(C) Difference 2B-3
If a person skilled in the art gives a shape to the "printed transparent foil," it isconsidered that he/she refers to the many white dots that are stated in Exhibit Ko 2
Document. The determinations on the pattern of "many white dots" and the size of each"dot" (mesh) are the same as those on Differences 2A-3 and 1-4.
(D) Difference 2B-4
It is the same as the determination on Difference 1-5.
(E) Effects of invention
They are as stated in A. (E) above.
D. Invention 2 (in cases where Exhibit Ko 2 Invention B is regarded as a prior art)
(A) Differences 2B-1 through 2B-3
They are as stated in C. (A) through (C) above.
(B) Difference 2B-4'
It is the same as Difference 2A-4
(C) Effects of invention
They are as stated in A. (E) above.
E. Summary
Inventions 1 and 2 could have been easily conceived of by a person skilled in theart based on Exhibit Ko 2 Invention A and Exhibit Ko 2 Invention B that are stated in
Exhibit Ko 2 Document, which is a publication distributed in Japan and overseas befor e
the Application was filed, as well as on well-known art. Therefore, Inventions 1 and 2
cannot be patented pursuant to Article 29, paragraph (2) of the Patent Act.
(5) Grounds for Invalidation 3 (violation of support requirements)
The problem of the Invention is to obtain "a retroreflective sheet with excellent
weatherability and water resistance and for which the hue is improved" ([0004], [0008],
12

[0012], [0014], and [0015]).
However, the "Claims" of the Invention only stated, concerning the layered structureof the "holder layer," "surface protective layer" and "printing layer," that "the printing
layer is installed between the holder layer and the surface protective layer in a mannerthat it makes contact with the holder layer and the surface protective layer" and there is
no statement specifying whether the "holder layer" makes contact with the "surface
protective layer." Therefore, the Invention lacks the structure wherein the "holder layer"and "surface protective layer" are bonded together at a width where adhesion is ensured
and the Invention includes a form that cannot be evaluated as having "no abnormality"
by the weatherability test ([0054]) stated in the Description.
Therefore, since the Invention cannot be deemed to be stated in the detai led
explanation of the invention, the statements of the claims of the Patent do not satisfy
the requirements prescribed in Article 36, paragraph (6), item (i) of the Patent Act.
4. Grounds for rescission(1) Error in the determination on whether Inventions 1 and 2, which use Exhibit Ko 1
Invention as the primary prior art, lack an inventive step
A. Error in the findings of the common features and differences between Invention 1
and Exhibit Ko 1 Invention (Grounds for Rescission 1-1-1)
B. Error in the determination on whether Invention 1 could have been easily conceivedof by a person skilled in the art based on the differences found by the JPO Decision(Grounds for Rescission 1-1-2)
C. Error in the findings of the common features and differences between Invention 2
and Exhibit Ko 1 Invention (Grounds for Rescission 1-2-1)
D. Error in the determination on whether Invention 2 could have been easily conceivedof by a person skilled in the art based on the differences found by the JPO Decision(Grounds for Rescission 1-2-2)(2) Error in the determination on whether Inventions 1 and 2, which use Exhibit Ko 2
Invention A or Exhibit Ko 2 Invention B as the primary prior art, lack an inventive step
A. Error in the findings of the common features and differences between Invention 1
and Exhibit Ko 2 Invention A (Grounds for Rescission 2A-1-1)
B. Error in the determination on whether Invention 1 could have been easily conceivedof by a person skilled in the art based on the difference found by the JPO Decision(Grounds for Rescission 2A-1-2)
C. Error in the findings of the common features and differences between Invention 2
and Exhibit Ko 2 Invention A (Grounds for Rescission 2A-2-1)
D. Error in the determination on whether Invention 2 could have been easily conceived
13

of by a person skilled in the art based on the difference found by the JPO Decision(Grounds for Rescission 2A-2-2)
E. Error in the findings of the common features and differences between Invention 1
and Exhibit Ko 2 Invention B (Grounds for Rescission 2B-1-1)
F. Error in the determination on whether Invention 1 could have been easily conceivedof by a person skilled in the art based on the differences found by the JPO Decision(Grounds for Rescission 2B-1-2)
G. Error in the findings of the common features and differences between Invention 2
and Exhibit Ko 2 Invention B (Grounds for Rescission 2B-2-1)
H. Error in the determination on whether Invention 2 could have been easily conceivedof by a person skilled in the art based on the differences found by the J PO Decision(Grounds for Rescission 2B-2-2)(3) Error in the determination on the violation of the support requirements (Grounds for
Rescission 3)(omitted)
No. 4 Judgment of this court
1. Statement in the Description (Exhibit Ko 73)
The Description has the statements as stated in Attachment 1 and, according to said
statements, it is found that the following are disclosed concerning the Invention.
(1) A retroreflective sheet that reflects incident light towards the light source is widelyused for signs, such as road signs, construction signs, etc., and number plates forvehicles and automobiles, etc. In particular, a cube-corner retroreflective sheet, forwhich the retroreflection principle of a cube-corner retroreflective element, such as atriangular pyramidal reflective element, etc., is used, and a triangular pyramidal cube corner retroreflective sheet, wherein a vapor deposition layer is provided on thereflective element surface of reflective elements, have a dramatically excellent light
retroreflective efficiency compared to conventional retroreflective sheets using micro
glass spheres. However, a vapor deposition-type triangular pyramidal cube-corner
retroreflective sheet has the defect that it is affected by the metal color and becomesdark due to the nature of the retroreflection element. Therefore, in order to improve thehue of the triangular pyramidal cube-corner retroreflective sheet and the metallic vapordeposition triangular pyramidal cube-corner retroreflective sheet, the attempt has also
been made to provide a consecutive printing layer on part of the retroreflective sheet([0002] through [0004] and [0008]).
14

(2) However, the printing layer has slightly less adhesion with both the reflective
element and surface protective layer and has defects, such as that the layer itself hasless weatherability and it may cause a blister in the weatherability test, or it easily
absorbs water. It also has the defect that if a consecutive printing layer is provided ona triangular pyramidal cube-corner retroreflective sheet or vapor deposition-type
triangular pyramidal cube-corner retroreflective sheet, adhesion around the printing
layer decreases, and therefore, it is inferior in weatherability and water resistance([0012]).
The Invention found that a retroreflective sheet with improved hue which solved
the defects in existing art, that is, poor weatherability and water resistance if a printing
layer is provided on a triangular pyramidal cube-corner retroreflective sheet or a vapor
deposition-type triangular pyramidal cube-corner retroreflective sheet in order toimprove the hue of these sheets, may be obtained by employing a very simple andinexpensive method, and completed it. ([0014] and [0015]).
(3) The Invention aims to provide a printed retroreflective sheet, which is aretroreflective sheet consisting of at least a reflective element layer, which consists ofmany reflective elements and a holder layer, and a surface protective layer, which isinstalled on the reflective element layer and is characterized by; [i] wherein
polycarbonate resin is used for the reflective element layer and (meth)acrylic resin isused for the surface protective layer; [ii] wherein the printing layer is installed between
the holder layer and the surface protective layer in a manner that it makes contact withthe holder layer and the surface protective layer; [iii] wherein the printing area of theprinting layer forms an independent area and is arranged in a repeating pattern, anddoes not form a continuous layer, with the area of the independent printing area being
0.15 mm2 to 30 mm2; and [iv] wherein the printing layer contains titanium oxide as awhite inorganic pigment ([0016]).
2. Grounds for Rescission 1-1-1 (Error in the findings of the common features anddifferences between Invention 1 and Exhibit Ko 1 Invention)(1) Statements in Exhibit Ko 1 Document
A. Exhibit Ko 1 Document is found to have the statements as shown in Attachment 2(the translation of "Claims" 2 through 4 is based on Exhibit Otsu 1 and translation ofother parts is based on the JPO Decision; the same applies hereinafter), and according
to said statements, it discloses the following concerning Exhibit Ko 1 Invention.
(A) "This invention" is an invention related to retroreflective materials for traffic hazard
indicators, such as cones and bollards, and for road signs and the like (lines 3 through8, page 1).
15

(B) It is general practice to impart retro-reflective properties to traffic hazard indicatorsby placing an appropriate shaped retro-reflective sleeve over road cones or bollards. To
meet present requirements the sleeve must reflect incident light at night for example
from the headlights of vehicles, and in daylight, the sleeve must appear white. To
achieve this, a layer of adhesive containing a white pigment is applied over thereflective coating and glass microspheres are partially embedded in the adhesive. The
white pigment in the adhesive in the assembly reduces the retro-reflectivity. If theamount of white pigment in the adhesive is reduced, retro-reflectivity can be improved
but the material will no longer have a sufficiently white appearance in daylight (lines 9through 31, page 1).
(C) "This invention" provided a retro-reflective material comprising a backing, a retroreflective coating on said backing, glass microspheres attached to said retro-reflective
coating (lines 34 through 47, page 1); The white colored material of this invention canbe printed on a single side or both sides of a transparent or translucent cover sheet which
extends over the retro-reflective coating (lines 48 through 53, page 1); The retroreflective coating is formed in two layers, and the second layer is applied after the firstlayer has dried and the microspheres are attached to the second layer (lines 60 through66, page 1); The retro-reflective material comprises the backing 10 … of plastics. Layer
12 of retro-reflective material is applied to one side of the backing. … The second layer
14 of retro-reflective material is applied over the first layer 12 (lines 74 through 83,
page 1); Multiple glass microspheres 16 … are attached to the second layer 14, thesecond layer is formed by a liquid, and while the layer is still liquid, the glass
microspheres are partially embedded therein. When the second layer dries, the glass
microspheres are firmly secured to the second layer (lines 88 through 94, page 1); anda transparent or translucent cover layer 18 is provided over the second layer 16, andpreferably, the cover layer 18 is not attached or secured to the remaining part of th e
assembly except adjacent to the edge of the piece of material. Part of the cover layer iscolored white, and the white coloration can be provided on a single side or both sidesof the cover layer. … The white colored part can be in a … uniform pattern, for example
in the form of dots (lines 99 through 114, page 1).
B. According to the statements above, Exhibit Ko 1 Invention is found to be as foundby the JPO Decision.
(2) Error in the findings of Exhibit Ko 1 Invention alleged by the Plaintiff
A. The Plaintiff alleged, as stated in No. 3, 1. (1) A. (B) a. above: [i] even if it is statedthat the form of the "multiple dots," "multiple lines" or "other regular" or "irregularshapes" that are stated in Exhibit Ko 1 Document can be in a "random" or "uniform"
16

pattern, many combinations are considered for them, and therefore, it cannot be
construed that retroreflective coating 14 and the white colored part of the backing
material 10 have the specific structure of a "uniform" pattern of "multiple dots"; [ii] if
the fact that the "white colored part is a uniform pattern of multiple dots" is disclosed
in Exhibit Ko 1 Document, it only discloses the aforementioned structure concerning"the first layer 12," "the second layer 14," and "the backing material 10 " that are"retroreflective coating," and the aforementioned structure is not disclosed in cases
where a white pigment is printed on a single side or both sides of "the cover layer 18";and [iii] in Exhibit Ko 1 Invention, if the structure wherein the "white colored part is a
uniform pattern of multiple dots" is applied in cases where a white pigment is printed
on a single side or both sides of the cover layer 18, it decreases retroreflective properties
and the problem of Exhibit Ko 1 Invention, "the white color must not obscure orattenuate more than a limited amount (of the retro-reflectivity of the retro-reflective
coating)" cannot be solved; and therefore, even if Exhibit Ko 1 Document has astatement that part of the cover layer 18 is colored white, a person skilled in the art
would not understand it as a form wherein the "white colored part is a uniform patternof multiple dots."
However, as stated in (1) above, Exhibit Ko 1 Document has the following
statements: "Part of the cover layer is colored white. The white coloration can beprovided on a single side or both sides of the cover layer. ... The white colored part canbe in a random or uniform pattern, for example in the form of dots, lines or other regularor irregular shapes." (Lines 99 through 114, page 1) It is disclosed that the whitecoloration pattern can be selected as necessary to the extent that "the white color must
not obscure or attenuate more than a limited amount of the retro-reflectivity of the retroreflective coating" (lines 115 through 118, page 1). Therefore, it can be said that Exhibit
Ko 1 Document discloses that the "white colored part," which is one of theaforementioned patterns, "is a uniform pattern of multiple dots."
In addition, Exhibit Ko 1 Document has the following statements: "Part of the coverlayer is colored white. The white coloration can be provided on a single side or bothsides of the cover layer. Alternatively, the white color can be applied directly onto theretro-reflective coating 14 before the microspheres are attached thereto or the retroreflective coating can be discontinuous to expose the backing. The backing can itself
be colored white or white color can be applied to the exposed parts of the backing. The
white colored part can be in a … uniform pattern, for example in the form of dots, ... ."(lines 99 through 114, page 1). The aforementioned underlined part is understood toshow a working example of coloring on the retroreflective coating or the backing
17materials in white "alternatively" to the structure wherein "the white colored part is acover layer," in other words, as another option of the white colored part. Therefore, it
should be said that, based on the structure wherein "the white colored part is a coverlayer" and the structure of other options, the pattern of the "white colored part" isdisclosed in the double-underlined part.
In addition, Exhibit Ko 1 Document has the following statements: "white color canbe printed on a single side or both sides of a transparent or translucent cover sheet which
extends over the retro-reflective coating." (lines 48 through 53, page 1); "Part of thecover layer is colored white. The white coloration can be provided on a single side orboth sides of the cover layer." (lines 99 through 114, page 1); and "In order to ensurethat the assembly has the requisite reflectivity, the white color must not obscure orattenuate more than a limited amount of the retro-reflectivity of the retro-reflective
coating. However, sufficient white color must be present such that the material appears
white in daylight. Generally satisfactory assemblies are obtained with from 10% to 20%,
preferably from 12% to17%, of the area of the material colored white. (lines 115
through 123, page 1) In addition to the above statements, in the claims, there are thefollowing statements: "A retro-reflective material comprising a backing, a retroreflective coating on said backing, glass microspheres attached to said retro -reflective
coating, wherein said coating is or appears incomplete, and white color is provided in
the part or parts where the coating is or appears to be absent." (Claim 1); "A retro reflective material as claimed in Claim1, wherein the white color is provided over the
retro-reflective coating." (Claim 2); "A retro-reflective material as claimed in Claim 1
or Claim 2, wherein the white color is applied directly onto the retro-reflective coating."(Claim 3); "A retro-reflective material as claimed in Claim 1 or Claim 2, wherein thewhite color is provided on a cover sheet which extends over the retro-reflective
coating." (Claim 4)
Then, it can be construed that the problem can be solved if Exhibit Ko 1 Invention
has a structure wherein the white color of a covered layer, which is colored white sothat it looks white in daylight, is adjusted by the percentage of the area of materials and"the white color does not obscure or attenuate more than a limited amount of the retro reflectivity of the retro-reflective coating" at night. Therefore, it cannot be regarded
that the structure with a uniform pattern of multiple dots on a single side or both sidesof the cover layer 18 is against the technical idea of Exhibit Ko 1 Invention.
Consequently, none of the aforementioned allegations of the Plaintiff can be
accepted.
B. As stated in No. 3, 1. (1) A. (B) b. above, based on the assumption that "Part of the18

cover layer is ..." in Exhibit Ko 1 Document (lines 103 through 114, page 1) indicates"a single part of a cover layer," the Plaintiff alleged that the "single part of a coverlayer" refers to the "part adjacent to the edges" of the piece of material; and if the partadjacent to the edges of the piece of material is colored white, retroreflective properties
will not decrease and a white appearance can be obtained; and therefore, "part of thecover layer 18" should be found to be a "single part of the cover layer."
However, as stated in (A) above, Exhibit Ko 1 Document discloses that the whitecolored part that is printed on a single side or both sides of "the cover layer 18" is a
uniform pattern of multiple dots. It is not necessary to construe that "the part adjacentto the edges of the piece of material" of the cover layer alone is colored white. In theexpression "Part of the cover" in Exhibit Ko 1 Document as pointed out by the Pl aintiff,
the term indicating a specific part, such as "the part," etc., is not used. Therefore, it does
not refer to the phrase, "Preferably the cover layer 18 is ... the edges of the piece ofmaterial," which is immediately before said expression. It is reasonable to construe as
pointed out by the Defendant that it handles multiple items collectively as a singularform.
Consequently, the aforementioned allegations of the Plaintiff cannot be accepted. In
addition, the Plaintiff alleged other matters concerning errors in the findings of the JPO
Decision, including whether the translation related to terms is appropriate, etc. However,none of them are relevant or have an impact on the aforementioned conclusion.
(3) Common features and differences between the Invention and Exhibit Ko 1 Invention
A. As stated in (2) above, there is no error with Exhibit Ko 1 Invention that was foundby the JPO Decision. Comparing Exhibit Ko 1 Invention with Invention 1 on thepremise of the above, Invention 1 is different from Exhibit Ko 1 Invention in relation
to Differences 1-1 through 1-5 as found by the JPO Decision.
B. (A) On the other hand, the Plaintiff alleged, as stated in No. 3, 1. (1) B.(A) a. above,that since there are not "many reflective elements" in Exhibit Ko 1 Invention, the "light
retroreflective element layer" in Exhibit Ko 1 Invention does not fall under thereflective element layer in Invention 1.
The "light retroreflective element layer" that is found by the JPO Decision as
pointed out by the Plaintiff is a collective name of "the first layer 12," "the second layer
14," "the glass microspheres 16," and the space. Difference 1-1 is that "the'retroreflective sheet' in Invention 1 consists of 'at least a reflective element layer, which
consists of many reflective elements and a holder layer,' and 'a surface protective layer,
which is installed on the reflective element layer' and 'wherein the printing layer isinstalled between the holder layer and the surface protective layer in a manner that it
19makes contact with the holder layer and the surface protective layer'; on the other hand,
Exhibit Ko 1 Invention does not have the aforementioned underlined positional
relationship and combination of components." Therefore, even if Exhibit Ko 1
Invention has nothing falling under "many reflective elements," it cannot be regarded
that the difference is overlooked.
(B) The Plaintiff alleged, as stated in No. 3, 1. (1) B. (A) b. above, that a retroreflective
sheet is supposed to be cut when used; as determined by the JPO Decision, if theretroreflective sheet in Exhibit Ko 1 Invention is not supposed to be cut or destroyedwhen used, the "retroreflective material" in Exhibit Ko 1 Invention does not fall under
the retroreflective sheet in Invention 1. However, the Description has no statements that
limit the retroreflective sheet related to the Invention to being cut and destroyed. It is
not necessary to indicate the explanation by the JPO decision related to Exhibit Ko 1
Invention and purposely find it as difference between Invention 1 and Exhibit Ko 1
Invention.
(C) The Plaintiff alleged, as stated in No. 3, 1. (1) B. (A) c. above, that even if Exhibit
Ko 1 Invention has a structure wherein "the white colored part is a uniform pattern ofmultiple dots," "multiple dots" in Exhibit Ko 1 Invention are not provided with thestructure wherein "the printing area … forms an independent area" in Invention 1.
However, Exhibit Ko 1 Document has the following statements: "... therefore, white
pigmented material is not applied uniformly over the retro-reflective coating but isprovided only over multiple parts of the coating. These parts may be discrete ... multiple
areas such as multiple spots ... or other shapes and they may be regularly ... distributed
over the assembly." (lines 34 through 47, page 1) Based on the term "discrete," it canbe regarded that each white colored part of the cover layer forms an individual area.
Therefore, when comparing it with Exhibit Ko 1 Invention, the fact concerning multiple
dots that "the printing area …

forms an independent area" is not a difference fromInvention 1, but should be found to be a common feature.
C. Consequently, none of the allegations of the Plaintiff can be accepted.
(4) Summary
Based on the above, there is no error in the findings of Exhibit Ko 1 Invention by
the JPO Decision; there is no overlooking of differences in the comparison between
Invention 1 and Exhibit Ko 1 Invention; and there is no error in the findings ofdifferences by the JPO Decision.
3. Grounds for Rescission 1-1-2 (Error in the determination on whether Invention 1
could have been easily conceived of by a person skilled in the art based on the
differences found by the JPO Decision)
20

(1) According to the disclosure in 1. above, the Invention is intended to solve t heproblem with prior art, that is, poor weatherability and water resistance in the casewhere a printing layer is provided on a triangular pyramidal cube-corner retroreflective
sheet or a vapor deposition-type triangular pyramidal cube-corner retroreflective sheet,etc. in order to improve the hue of these sheets. Its technical meaning exists in providing
a retroreflective sheet with the following characteristics: [i] polycarbonate resin is used
for the reflective element layer and (meth)acrylic resin is used for the surface protective
layer; [ii] the printing layer is installed between the holder layer and the surface
protective layer in a manner that it makes contact with the holder layer and the surface
protective layer; [iii] the printing area of the printing layer forms an independent areathat is arranged in a repeating pattern, and does not form a continuous layer, with thearea of the independent printing area being 0.15 mm 2 to 30 mm2; and [iv] the printing
layer contains titanium oxide as a white inorganic pigment. In consideration of thedifference between the structures of the working examples and the comparative
examples disclosed in the Description and the test results ([0079]), [ii] and [iii] above
can be regarded as structures that are indispensable for solving the problem.
It then follows that it is inappropriate to examine whether the Invention could havebeen easily conceived of by focusing separately on Difference 1-1 and Difference 1-4
relating to [ii] and [iii] above, but rather these should be examined as forming a single
structure (if it is examined individually, the Conclusion will not be affected; the same
applies hereinafter).
(2) The Defendant alleged, as stated in No. 3, 2. (2) A. (A) above, that a person skilledin the art has the motivation to replace the layer structure in Exhibit Ko 1 Invention,
which exists between the cover layer 18 and the backing material 10 and fulfills theretroreflective functions, that is, the layer structure consisting of "retroreflective coatedfirst layer 12, retroreflective coated second layer 14 that is applied on first layer 12,
glass microspheres 16 that are attached to the second layer, and air layer," with the layer
structure, which exists between surface protective layer (4) and holder layer (7 ) as
stated in Exhibit Ko 3 Document, that is, the layer structure consisting of "a triangularpyramidal cube-corner retroreflective material made of polycarbonate resin in whichreflective element layer (1) and holder layer (2) are formed integrally, air layer (3), andbonding material layer (6)," after taking into account the incident direction of light,
with the aim of solving the problem of Exhibit Ko 1 Invention, "to increase theretroreflective efficiency" and "to acquire a fully white appearance in d aylight byincreasing retroreflection." Therefore, the statements in Exhibit Ko 3 Document are
examined first.
21

(3) A. Exhibit Ko 3 Document has the statements as shown in Attachment 4. According
to the statements, it is found that the following are disclosed.
(A) The "present invention" relates to a triangular pyramidal cube-corner retroreflective
sheet with a new structure and relates to a triangular pyramidal cube-corner
retroreflective sheet comprised of triangular pyramidal cube-corner retroreflective
elements that are useful for signs, such as road signs, construction signs, etc., and fornumber plates for vehicles and automobiles, and other reflector plates, etc. ([0001] and[0002]).
(B) A retroreflective sheet that reflects incident light towards the light source has been
well known. In particular, a retroreflective sheet that uses the retroreflection principleof cube-corner retroreflective elements, such as triangular pyramidal retroreflective
elements, etc., has a dramatically excellent light retroreflective efficiency compared toconventional retroreflective sheets using micro glass spheres. Thanks to the excellent
retroreflective performances, the use of retroreflective sheets is expanding year by year.
However, there is the problem that conventional publicly-known triangular pyramidal
retroreflective elements show good retroreflective efficiency within a range where theangle between the optic axis of elements and the incident light based on the reflection
principle is small; however, as the incident angle increases, the retroreflective
efficiency rapidly decreases ([0006] and [0007]).
(C) The retroreflective sheet in the "present invention" makes it possible to improve thewide angle of observation angle properties, incident angle properties, rotat ion angle
properties, etc. in addition to high luminance, which is a basic optical property generally
required of a triangular pyramidal cube-corner retroreflective sheet, in other words, thelevel of reflection luminance that is represented by the reflection luminance of theincident light from the front of the sheet ([0160]).
B. According to the statements in [0137] and FIG. 13 in Exhibit Ko 3 Document, it isfound to be disclosed that "a triangular pyramidal cube-corner retroreflective sheet
which comprises, in the order from the incident direction of light (10), the surface
protective layer (4), the printing layer (5) for communicating information to theobserver or coloring the sheet, the bonding material layer (6) for achieving the sealing
structure to prevent water from penetrating into the back side of the reflective element
layer, the air layer (3) surrounded by the reflective element layer (1) and the bonding
material layer (6) for guaranteeing retroreflection at the interface of the reflective
element, the holder layer (7) that supports the bonding material layer (6), and theadhesive agent layer (8) and the separating agent layer (9) that are used to attach theretroreflective sheet to another structure " ("Art Disclosed in Exhibit Ko 3" found by22

the JPO Decision).
(4) A. Based on the above, Grounds for Rescission 1-1-2 are examined below. The
structure of Exhibit Ko 1 Invention comprises "the backing 10 made of plastic," "thefirst layer 12 made of retroreflective material on one side of the plastic backing 10,""the second layer 14 made of retroreflective material" over the first layer 12, glass
microspheres 16 that are firmly fixed and partly embedded in the second layer 14, andthe cover layer 18. Part of the cover layer 18 is colored white, and the white coloration
is printed on a single side or both sides of the cover layer 18. The cover layer 18 is not
attached to the assembly except adjacent to the edges of the piece of material, or inother words, there is a space between the cover layer 18 and the glass microspheres 16.
The space between the printing layer and the glass microspheres 16 forms a path oflight of retroreflection by deflecting the light at the interface between the air in thespace and the glass microspheres (page 3 of the Defendant's brief (3); the JPO Decision
is to the same effect). With regard to such a retroreflective sheet, the first layer and thesecond layer, which are made of retroreflective material, the microspheres attachedthereon, and the cover layer partially printed in white, can be understood as constituting
a single technical idea, that is, retroreflective material that reflects the incident lightfrom the headlights of vehicles at night and appears white in daylight, which is the
purpose of Exhibit Ko 1 Invention (see the following Figure; the red part refers to thewhited-colored printed part).
Glass microspheres 16

Cover layer 18
Second layer 14
First layer 12
Backing 10

Thus, Exhibit Ko 1 Invention has a structure wherein there is a space between the
cover layer 18, the printing layer that is colored in white on a single side or both sidesof the cover layer 18 in a uniform pattern of multiple dots, and the microsphere s 16;
and the cover layer 18 is not attached to the assembly except adjacent to the edges ofthe piece of material. The space is provided to form a path of light of retroreflection.
Therefore, a person skilled in the art who has come across Exhibit Ko 1 In vention isunable to recognize the problem of decline in retroreflective properties due to, forexample, a blister in the printing layer caused by water, etc. penetrating into the space
between the printing layer and the second layer 14. There is no motivation, on theassumption of such problem, to apply the Art Disclosed in Exhibit Ko 3
B. In addition, how to increase the retroreflective efficiency of retroreflective material23

is a well-known problem. Even though it is known that a cube-corner retroreflective
element has greater retroreflective efficiency than an element using micro glass spheres,the cover layer 18 and the printing layer that is colored in white on a single side or bothsides of the cover layer 18 in a uniform pattern of multiple dots, which are contained in
Exhibit Ko 1 Invention, are structured based on the structure using glass microspheresin a manner that they do not obscure or attenuate more than a limited amount of theretro-reflectivity at night and sufficient white color is present such that they appear
white in daylight (lines 115 to 123, page 1). Therefore, there is no motivation to extract
only the layer structure that is present between the printing layer and the backing
material 10, while maintaining the aforementioned structure of the cover layer 18 andthe white colored printing layer, and then replace it with the layer structure based on
the Art Disclosed in Exhibit Ko 3, which consists of a triangular pyramidal cube-corner
retroreflective material, the air layer, and the bonding material layer.
C. Even if it is assumed that with regard to the "space, glass microspheres, the second
layer 14, and the first layer 12," which are among the structures of Exhibit Ko 1
Invention, there is motivation to apply the structures of "the bonding material layer (6),the air layer (3), the triangular pyramidal retroreflective element layer (1), and theholder layer (2)," which are among the structures of the Art Disclosed in Exhibit Ko 3,
there is no evidence to find that the cover layer 18 can be structured in a manner that it
makes contact with the holder layer.
D. Based on the above, there is no motivation to apply the Art Disclosed in Exhibit Ko
3 to Exhibit Ko 1 Invention, and even if there is any such motivation, a person skilledin the art would not be able to conceive of the structure wherein "the printing layer isinstalled between the holder layer and the surface protective layer in a manner that it
makes contact with the holder layer and the surface protective layer" (Difference 1 -1).
Accordingly, there is no motivation for a person skilled in the art to recognize
problems such as a blister in the printing layer due to the installation of the printing
layer between the holder layer and the surface protective layer and examine the are aratio of the independent printing area based on such recognition, and hence such person
would not be able to conceive of the structure regarding Difference 1 -4.
(5) Summary
Based on the above, the JPO Decision has errors at least in the decision on wh ether
a person skilled in the art could have easily conceived of Differences 1 -1 and 1-4.
Invention 1 is not regarded as one that could have been easily conceived of by a person
skilled in the art based on Exhibit Ko 1 Invention and the Art Disclosed in Ex hibit Ko
3. Therefore, without the need to make determinations on the remaining issues, Grounds
24for Rescission 1-1-2 alleged by the Plaintiff have grounds.
4. Grounds for Rescission 1-2-1 (Error in the findings of the common features anddifferences between Invention 2 and Exhibit Ko 1 Invention)
The Plaintiff alleged, as stated in No. 3, 3. (1) above, on the premise that there are
errors in the findings of Exhibit Ko 1 Invention by the JPO Decision, that there are also
errors in the findings of differences by the JPO Decision. However, as stated in 2. (1)above, there are no errors in the findings of Exhibit Ko 1 Invention by the JPO Decision.
In addition, Invention 2 has the same structure as Invention 1 except on thefollowing points: [i] "the reflective elements are triangular pyramidal cube-corner
retroreflective elements" and [ii] the thickness of the printing layer is "0.5 μm to 10
μm."
Then, regarding the differences between Invention 2 and Exhibit Ko 1 Invention,
Difference 1-1 should be found as Difference 1-1' as found by the JPO Decision on thepremise of the structure defined in [i], and Difference 1-5 should be found as Difference
1-5' as found by the JPO Decision on the premise of the structure defined in [ii],respectively, in addition to Differences 1-2 through 1-4.
Therefore, there are no errors in the findings of the common features and differences
between Invention 2 and Exhibit Ko 1 Invention by the JPO Decision.
5. Grounds for Rescission 1-2-2 (Error in the decision on whether a person skilled in
the art could have easily conceived of Invention 2 based on the differences found by
the JPO Decision)
Based on the technical meaning of the Invention, Difference 1-1' and Difference 14 should be examined as an integrated structure as stated in 3. (1) above.
Difference 1-1' consists of the structure of Difference 1-1 with the addition of thepoint that "the reflective elements are triangular pyramidal cube-corner retroreflective
elements" in Invention 2. There is no motivation to apply the Art Disclosed in Exhibit
Ko 3 to Exhibit Ko 1 Invention. Even if there is any such motivation, a person skilledin the art would not be able to conceive of the structure wherein "the printing layer isinstalled between the holder layer and the surface protective layer in a manner that it
makes contact with the holder layer and the surface protective layer" (Difference 1 -1),
and therefore, a person skilled in the art could not also have conceived of the structureof Difference 1-1'. In addition, as stated in 3. (4) above, there is no motivation for a
person skilled in the art to recognize problems such as a blister in the printing layer due
to the installation of the printing layer between the holder layer and the surface
protective layer and examine the area ratio of the independent printing area based onsuch recognition, and hence such person would not also be able to conceive of the25structure regarding Difference 1-4.
Consequently, the JPO Decision contains errors at least in the decision on whether
a person skilled in the art could have easily conceived of Differences 1 -1' and 1-4.
Invention 2 is not regarded as one that could have been easily conceived of by a person
skilled in the art based on Exhibit Ko 1 Invention and the Art Disclosed in Exhibit Ko
3. Therefore, without the need to make determinations on the remaining issues, Grounds
for Rescission 1-2-2 alleged by the Plaintiff have grounds.
6. Grounds for Rescission 2A-1-1 (Error in the findings of the common features anddifferences between Invention 1 and Exhibit Ko 2 Invention A)(1) Error in the findings of Exhibit Ko 2 Invention A
A. Statements in Exhibit Ko 2 Document(A) Exhibit Ko 2 Document has statements as shown in Attachment 3 (based on thetranslation in the JPO Decision). According to the statements, it is found that thefollowing are disclosed concerning Exhibit Ko 2 Invention A.
a. The "present invention" is related to a retroflector plate and its manufacturing method.
A reflective traffic sign that consists of a metallic sheet coated with a reflective filmin order to increase traffic safety at night is known. If a reflector plate is provided on avehicle, the vehicle can be identified by its number plate even at night when the vehicle
is illuminated. A publicly-known number plate is a non-reflective aluminum sheetcoated with lacquer. After codes, letters, and/or numbers are embossed convexly, theconvex parts are generally coated with black lacquer. (lines 4-9, page 1 and lines 13,
page 1 to line 7, page 2)
b. The problem of the "present invention" is to provide a retroreflective surface andplate in order to increase safety during night traffic, and further increase the visibilityof traffic roads and traffic control devices and the visibility of vehicles, and to provid ea method to manufacture said reflective surfaces and plates (lines 8 to 14, page 2).
c. A retroreflective surface and plate based on the "present invention" consists of areflector plate and is characterized by the following: the reflector plate has a pl astic
plate; wherein its visible surface is smooth; for which the back surface has a triangularprism ... has a reflective element formed by optical accuracy of ..., and is covered witha reflective layer provided with reflective coating; and on the visibl e surface of thereflector plate, letters and/or numbers, or other codes are engraved, embossed, or
attached; and the triangular prism forms an upside-down triangular pyramid (line 15,
page 2 through line 3, page 3); in cases where the reflector plate of the present invention
is embossed, the triangular prism that is provided at the back of the convex codes iscrushed, and therefore, the convex codes are no longer reflective (line 22, page 3
26

through line 5, page 4); in the example of a vehicle number plate, in order to show avisible surface, which is not embossed, in white and opaque during daylight, many
white dots in the form of the "Raster" can be printed on the visible surface of thereflector plate and the "Raster" is created so that reflected light is transmitted at thepredetermined percentage (lines 1 through 22, page 7).
(B) Considering the statements above together, Exhibit Ko 2 Invention A is found to be
the invention as found by the JPO Decision.
B. On the other hand, as stated in No. 3, 5. (1) A. (B) above, the Plaintiff alleged that[i] regarding the point that "its visible surface is smooth" in Exhibit Ko 2 Invention A,
letters, numbers, and other codes on the visible surface of the reflective surface areembossed and engraved in a convex form, and therefore, if it means that "the visible
surface is a 'flat surface'," it is an error; and [ii] regarding the point that "many white
dots in the form of the 'Raster' can be printed on the visible surface of the reflector
plate," the details of technology cannot be understood by the term "Raster" alone; the"Raster" should be translated as "格子[grid]"; and Exhibit Ko 2 Document discloses
that "many white dots in the form of a grid are printed on a part of the visible surfaceof the reflector plate other than the part of the codes."However, as stated in A. (A) c. above, Exhibit Ko 2 Document has the statementthat "A retroreflective surface and plate based on the present invention consists of areflector plate and … : the reflector plate has a plastic plate; wherein its visible surface
is smooth, … ." Following this statement, it is stated that letters and other codes areembossed on the visible surface of the reflector plate in a convex form. Based on theabove, it can be construed that the visible surface other than the embossed part is"smooth." Therefore, the finding on the reflector plate of Exhibit Ko 2 Invention A tothe effect that "its visible surface is smooth" contains no error.
Next, based on the evidence, it is found that the term "Raster" is translated as "格子[grid]", "網目版にする[net]" (Exhibit Ko 44), and "（網目スクリーンの）網目[mesh (of a mesh screen)]" (Exhibits Ko 49 and 51) in a German-Japanese dictionary;and it is translated as "grid" in English (Exhibit Ko 45) in a German-English dictionary;and "grid" is translated as "格子[grid]" (Exhibit Ko 46) and "等間隔の水平と垂直の棒または線でできた網状組織[net organization consists of equally spaced horizontal
and vertical bars or lines]" (Exhibit Ko 48). Therefore, it is not appropriate to translate
the term "Raster" as "格子[grid]" unambiguously. In addition, the question here iswhich part of the "Raster" has many white dots. As mentioned above, the "Raster" hasthe meaning of "mesh." In consideration of the following overall statements: "... in orderto show ... in white and opaque during daylight, many white dots in the form of the27

'Raster' can be printed on the visible surface of the reflector plate. A 'Raster' is created
so that reflected light is transmitted at the predetermined percentage. When a 'Raster' iscreated in an opaque and light impermeable color, reflected light passes the gaps of the'Raster,' and therefore, it does not absorb the color of the 'Raster.' Coloration of thereflector plate and the color of the 'Raster' are made so that the color of the visible
surface conforms to the 'Raster' in daylight, in other words, the color looks as though it
conforms to the 'Raster' ..." (lines 1 through 22, page 7), it can also be construed that"many white dots in the form of the 'Raster'" refer to a structure consisting of many dotsthat looks like a "mesh," in other words, a structure wherein independent multiple dots
are provided in the form of a mesh. If so, Difference 2A-3 is not regarded as a
substantial difference. In any case, it cannot be said that there is an error in the findingson the difference by the JPO Decision by setting aside the technical meaning of"Raster."
In addition, Exhibit Ko 2 Document has the following statement: "in order to show
the 'visible surface that is not embossed' in white and opaque in daylight, many white
dots in the form of the 'Raster' can be printed on the visible surface of the reflector
plate. ... Based on another characteristic feature of the present invention, in order todistinguish codes and the visible surface of the reflector plate that does not include thecodes by color, one side of the surface can be coated with transparent lacquer whichmakes the reflected light look in a corresponding color." (lines 1 through 22, page 7).
Therefore, based on the first part of the above, the JPO Decision found that in order toshow "the reflective surface on which codes are not included," in other words, the"visible surface that is not embossed," in white in daylight, many white dots in the formof the "Raster" are printed on the visible surface of the reflector plate. It is considered
to be a reasonable finding. The aforementioned allegation of the Plaintiff is based on
the statement in the second half of the above concerning "another characteristic featureof the present invention." And that the expression that should be construed literally as"one side of the surface" was twisted and construed as "a part of the top surface."
Therefore, it cannot be accepted.
C. Based on the above, there is no error in the findings of Exhibit Ko 2 Invent ion A by
the JPO Decision. In addition, the Plaintiff alleged other matters concerning errors in
the findings of the JPO Decision, including whether the translation related to terms isappropriate, etc. However, none of them are relevant or have impact on the
aforementioned conclusion.
(2) Common features and differences between Invention 1 and Exhibit Ko 2 Invention
A
28

A. As stated in (1) above, there is no error in the findings of Exhibit Ko 2 Invention A
by the JPO Decision. When it is compared with Invention 1 based on the findings,
Invention 1 is different from Exhibit Ko 2 Invention A with regard to Differences 2A -1
through 2A-4 as found by the JPO Decision.
B. (A) On the other hand, the Plaintiff alleged, as stated in No. 3, 5. (1) B. (A) a. above,that the "reflector plate" and "sheet" in Exhibit Ko 2 Invention A are obviously different;
in Exhibit Ko 2 Document, a "sheet" is stated to be related to prior art and it is clearly
distinguished from the "plate"; and therefore, it is an error that the JPO Decision foundthat the "reflector plate" in Exhibit Ko 2 Invention A is a common feature with a"retroreflective sheet."
However, there is the following statement in the corresponding point in Exhibit Ko
2 Document as pointed out by the Plaintiff: "... The number plate that has been regarded
to be publicly-known is a non-reflective aluminum sheet coated with lacquer. In casesof this plate, ..." (line 13, page 1 through line 7, page 2). However, it is followed by"The problem of the present invention is ... to provide a retroreflective surface and platein order to increase ... visibility of vehicles" (lines 8 through 12, page 2); "in addition,
the problem of the present invention is to provide a method to manufacture said reflector
surface and plate." (lines 12 through 14, page 2); and "the retroreflective surface andplate of the present invention consist of a reflector plate ..." (line 15 and after, page 2)(underlines are provided by this court). Therefore, in Exhibit Ko 2 Document, the terms"sheet" and "reflector plate" are not used specifically to indicate different items. In
addition, there is a statement that "The reflector plate of the present invention isembossed by the same method as publicly-known aluminum plates ..." (line 8 and after,
page 3). Therefore, the "reflector plate" of Exhibit Ko 2 Invention A is regarded as being
based on an item as thin as the publicly-known aluminum. Consequently, there is noerror in the findings that the "reflector plate" of Exhibit Ko 2 Invention A is a common
feature with the "retroreflective sheet" of Invention 1.
(B) The Plaintiff alleged, as stated in No. 3, 5. (1) B. (A) b. above, that since the specificstructure of the "Raster" of Exhibit Ko 2 Invention A is unclear, the specific structure
wherein "many white dots in the form of the 'Raster' are printed on the visible surface"cannot be identified and it is not regarded to be conforming to the structure wherein"the printing layer ... is provided" and "printed" in Invention 1.
However, even without identifying the specific technical meaning of the "Raster,"since Exhibit Ko 2 Invention A has a structure wherein "many white dots in the form of
the 'Raster' are printed on the visible surface" of the reflective surface that does notinclude codes, it is obvious that it has a "printed layer." In addition, the term "Raster"29

is not always translated as "格子[grid]" in Japanese and it instead has room to construethat the "white dots" are arranged in a mesh pattern, as stated in (1) B. above.
(3) Summary
Based on the above, there is no error in the findings of Exhibit Ko 2 Invention A by
the JPO Decision; there is no overlooking of differences in comparison between
Invention 1 and Exhibit Ko 2 Invention A; and there is no error in the findings ofdifferences by the JPO Decision.
7. Grounds for Rescission 2A-1-2 (Error in the determination on whether Invention 1
could have been easily conceived of by a person skilled in the art based on the difference
found by the JPO Decision)(1) Whether Difference 2A-1 and 2A-4 could have been easily conceived of by a person
skilled in the art
A. As stated in 3. (1) above, in light of the technical meaning of Invention 1, Differences
2A-1 and 2A-4 that correspond to differences regarding the following parts from thestructure of Invention 1 and Exhibit Ko 2 Invention A should be examined as one
difference: [i] the printing layer is installed between the holder layer and the surface
protective layer in a manner that it makes contact with the holder layer and the surface
protective layer and [ii] the printing area of the printing layer forms an independentarea and is arranged in a repeating pattern, and does not form a continuous layer, withthe area of the independent printing area being 0.15 mm 2 to 30 mm2.
B. Exhibit Ko 2 Invention A is a vehicle's number plate that is presumed to be usedoutside. It has a structure consisting of the triangular prism in an upside-down triangularpyramidal form, the reflector plate 14, the code 18 on the visible surface of the reflector
plate 14, and wherein many white dots in the form of the "Raster" are printed on thevisible surface of the reflector plate 14. There is no statement or suggestion of providing
the surface protective layer on the white dots in the form of the "Raster."Then, even if the "Raster" of Exhibit Ko 2 Invention A is used outside without thesurface protective layer, having weatherability can be regarded as the premise of theuse. Therefore, it cannot be regarded that there is no motivation to apply a structurewith the surface protective layer to the part where the white dots in the form of the"Raster" are printed in Exhibit Ko 2 Invention A. A person skilled in the art who comes
across Exhibit Ko 2 Invention A could not have conceived of the structure wherein "theprinting layer is installed between the holder layer and the surface protective layer in amanner that it makes contact with the holder layer and the surface protective layer"(Difference 2A-1).
In addition, in this case, there is also no motivation for a person skilled in the art to30

recognize problems such as a blister in the printing layer due to the installation of theprinting layer between the holder layer and the surface protective layer and examine thearea ratio of the independent printing area based on such recognition, and hence such
person would not be able to conceive of the structure regarding Difference 2 -4.
C. On the other hand, the Defendant alleged, as stated in No. 3, 6. (2) A. above, thatcovering the reflector plate that is used as a number plate of Exhibit Ko 2 Invention A
with the protective layer is a well-known problem and there is a motivation to cover thereflector plate with the protective layer in order to solve the problem. However, Exhibit
Ko 2 Document has no statements or suggestions to cover the reflector plate with theprotective layer in the first place. As stated in B. above, the "Raster" of Exhibit Ko 2
Invention A is on the premise of having weatherability even if it is used outside without
the surface protective layer. Even if protecting the visible surface of a number plate isa well-known problem, there is no motivation to have the additional structure to provide
the surface protective layer over the part where the white dots in the form of the "Raster"
are printed, and the aforementioned allegation of the Defendant is groundless.
(2) Summary
Based on the above, the JPO Decision contains errors in the determination onwhether Differences 2A-1 and 2A-4 between Invention 1 and Exhibit Ko 2 Invention A
could have been easily conceived of by a person skilled in the art. Invention 1 is notregarded as one that a person skilled in the art could have easily conceived of based on
Exhibit Ko 2 Invention A and well-known art. Therefore, without the need to makedeterminations on the remaining issues, Grounds for Rescission 2A-1-2 alleged by the
Plaintiff have grounds.
8. Grounds for Rescission 2A-2-1 (Error in the findings of the common features anddifferences between Invention 2 and Exhibit Ko 2 Invention A)
The Plaintiff alleged, as stated in No. 3, 7. (1) above, on the premise that there are
errors in the findings of Exhibit Ko 2 Invention A by the JPO Decision, that there are
errors in the findings of differences by the JPO Decision. However, as stated in 6. (1)above, there are no errors in the findings of Exhibit Ko 2 Invention A by the JPO
Decision.
In addition, Invention 2 has the same structure as Invention 1 except the following
points: [i] "the reflective elements are triangular pyramidal cube-corner retroreflective
elements" and [ii] the thickness of the printing layer is "0.5 μm to 10 μm."
Then, differences between Invention 2 and Exhibit Ko 2 Invention A should befound in addition to Differences 2A-1 through 2A-3, and Difference 2A-4 should befound as Difference 2A-4' as found by the JPO Decision on the premise of the structure31

defined in [ii].
Therefore, there are no errors in the findings of the common features and differences
between Invention 2 and Exhibit Ko 1 Invention by the JPO Decision.
9. Grounds for Rescission 2A-2-2 (Error in the determination on whether Invention 2
could have been easily conceived of by a person skilled in the art based on the difference
found by the JPO Decision)
Based on the technical meaning of the Invention, Differences 2A-1 and 2A-4' should
be examined as an integrated structure as stated in 7. (1) A. above.
Then, even if the "Raster" of Exhibit Ko 2 Invention A is used outside without thesurface protective layer, having weatherability can be regarded as the prem ise of theuse. Therefore, it cannot be said that there is a motivation to apply a structure with thesurface protective layer to the part where the white dots in the form of the "Raster" areprinted in Exhibit Ko 2 Invention A. A person skilled in the art could not have conceivedof the structure wherein "the printing layer is installed between the holder layer and thesurface protective layer in a manner that it makes contact with the holder layer and thesurface protective layer" (Difference 2-1) as stated in 7. (1) B. above. In addition, in
this case, there is no motivation for a person skilled in the art to recognize problems
such as a blister in the printing layer due to the installation of the printing layer between
the holder layer and the surface protective layer and examine the area ratio of the
independent printing area based on such recognition, and hence such person would not
be able to conceive of the structure regarding Difference 2A-4' (the structure wherein
the point that Invention 2 specified the thickness of the printing layer to be "0.5 μm to
10 μm" is added as a difference to Difference 2A-4).
Consequently, the JPO Decision contains errors at least in the determination onwhether Differences 2A-1 and 2A-4' could have been easily conceived of by a person
skilled in the art. Invention 2 is not regarded as one that could have been easily
conceived of by a person skilled in the art based on Exhibit Ko 2 Invention A and well known art. Therefore, without the need to make determinations on the remaining issues,
Grounds for Rescission 2A-2-2 alleged by the Plaintiff has grounds.
10. Grounds for Rescission 2B-1-1 (Error in the findings of the common features anddifferences between Invention 1 and Exhibit Ko 2 Invention B)(1) Error in the findings of Exhibit Ko 2 Invention B
A. Exhibit Ko 2 Document has the following statements in addition to the statements
in 6. (1) A. (A) above: "All surfaces of a reflector plate can be provided with a lacquer
coloring layer. ... The coloring layer consists of lacquer, foil, plastic, and various othermaterials and the layer can be coated by an injection molding method or can be inserted
32

in the injection mold of the reflector as a plastic plate." (lines 1 through 11, page 9);"All transparent or opaque colored lacquer coating on the visible surface of a reflector
plate that is stated can be replaced with printed transparent foil. The foil is bonded withplastic materials of the reflector surface by bonding on the visible surface of thereflector or by, for example, inserting into a mold when implementing injection moldingof the reflector." (lines 12 through 27, page 9; underlines are provided by this court);"According to FIG. 11, the coloring layer 35 consisting of lacquer, membrane, andplastic was provided on the entirety of the visible surface 34 of the reflector plate during
or after the casting or injection molding process. The coated plate is embossed, like thereflector plate 14 in FIG. 3 and FIG. 4. Subsequently, the embossed front surface of thecode 36 of the layer 35 is polished by the rotary disc 37 and, in accordance with thisprocess, the reflector plate 34 thus coated can be transferred in the direction of the arrow
38. Then, the coloring layer of the convex code 36 is eliminated, and, on the other hand,the coloring layer of the non-convex surface is maintained." (line 16, page 14 throughline 2, page 15). FIG. 11 and FIG. 12 are as shown below.

Considering the statements, etc. above together, it is found that Exhibit Ko 2
Invention B is as found by the JPO Decision.
B. On the other hand, the Plaintiff alleged, as stated in No. 3, 9. (1) A. above, that,concerning the part of Exhibit Ko 2 Invention B found by the JPO Decision as "thevisible surface is smooth," if it means that "the visible surface is smooth" "even during
or after the casting or injection molding," the JPO Decision is in error. However, as
stated in 6. (1) B. above, according to the statements in Exhibit Ko 2 Document, it canbe construed that the visible surface other than the embossed part is "smooth."
Therefore, there is no error in the findings by the JPO Decision regarding the reflector
plate of Exhibit Ko 2 Invention A that "the visible surface is smooth" and theaforementioned allegation of the Plaintiff is groundless.
(2) Common features and differences between Invention 1 and Exhibit Ko 2 Invention
B
33

A. As stated in (1) above, there is no error in the findings of Exhibit Ko 2 Invention B
by the JPO Decision. When it is compared with Invention 1 based on the findings,
Invention 1 is different from Exhibit Ko 2 Invention B with regard to Differences 2B -1
through 2B-4 as found by the JPO Decision.
B. (A) On the other hand, the Plaintiff alleged, as stated in No. 3, 9. (1) B. (A) a. above,that the "coloring layer" which is "a transparent foil" in Exhibit Ko 2 Invention B ispolished and eliminated, and therefore, it does not protect the surface of the reflector
plate 34 and cannot be the "surface protective layer"; consequently, the JPO Decision
overlooked the difference in this regard.
However, the printed transparent foil, which is a substitute for the transparent or
opaque lacquer coating on the visible surface of a reflector plate in Exhibit Ko 2
Invention A, is specified as "The foil is bonded with plastic materials of t he reflector
surface by bonding on the visible surface of the reflector or by inserting into a moldwhen implementing injection molding of the reflector." (lines 12 through 27, page 9).
Based on the statement, the foil can be construed to cover the visible surface of thereflector plate and, after the convex codes on the front surface are eliminated after
embossing, "the coloring layer of non-convex surface is maintained." (line 16, page 14
through line 2, page 15). Therefore, concerning parts other than the eliminated codes,
since the visible surface is regarded as being protected by the transparent foil, the"transparent foil" of Exhibit Ko 2 Invention B is equivalent to the "surface protective
layer" of Invention 1.
Therefore, there is no overlooking of the difference by the JPO Decision as allegedby the Plaintiff.
(B) The Plaintiff also alleged, as stated in No. 3, 9. (1) B. (A) b. above, that, based on
the fact that Exhibit Ko 2 Document only stated that "the coloring layer 35" is provided
and that the "transparent or opaque coloring lacquer coating on the visible surface of areflector plate can be replaced with printed transparent foil," Exhibit Ko 2 Invention B
does not have a printed layer, and therefore, the JPO Decision overlooked the differencein this regard.
However, Exhibit Ko 2 Document has the following statements: [i] "All surfaces ofa reflector plate can be provided with a lacquer coloring layer. ..." (line 1 and after, page9); [ii] "... All transparent or opaque colored lacquer coating on the visible surface of areflector plate that is stated can be replaced with printed transparent foil. ..." (lines 12
through 27, page 9); and [iii] According to FIG. 11, the coloring layer 35 consisting of
lacquer ... was provided on the entirety of the visible surface 34 of the reflector plate
during or after the casting or injection molding process. ..." (line 16 and after, page 14).
34

Referring to these statements and FIG. 11, the coloring layer 35 consisting of lacqueron the entire visible surface of reflector plate 34 can be replaced with the "printed
transparent foil" and the coloring layer of the "printed transparent foil" is seen as
corresponding to the printing layer. Therefore, there is no error in the JPO Decision inthat it did not find this point to be a difference in the comparison of Invention 1 and
Exhibit Ko 2 Invention B.
(3) Summary
Based on the above, there is no error in the findings of Exhibit Ko 2 Invention B by
the JPO Decision; there is no overlooking of differences in the comparison between
Invention 1 and Exhibit Ko 2 Invention B; and there is no error in the findings ofdifferences by the JPO Decision.
11. Grounds for Rescission 2B-1-2 (Error in the determination on whether Invention 1
could have been easily conceived of by a person skilled in the art based on the
differences found by the JPO Decision)(1) Whether Difference 2B-3 could have been easily conceived of by a person skilledin the art
A. The "coloring layer, which is a printed transparent foil" of Exhibit Ko 2 Invention B
is replaced with the coloring lacquer coating on the visible surface of the reflector plate(lines 12 through 27, page 9; see the underlined part in 10. (1) A. above). And
concerning the coloring layer 35 of Exhibit Ko 2 Invention B, "… The foil is bondedwith plastic materials of the reflector surface by bonding on the visible surface of thereflector or by inserting into a mold when implementing injection molding of thereflector." (lines 12 through 27, page 9). Exhibit Ko 2 Document has no statements orsuggestions to replace said printed transparent foil with many white dots in the form of
the "Raster." Therefore, it cannot be regarded that a person skilled in the art who comes
across Exhibit Ko 2 Document is motivated to provide many white dots in the form of
the "Raster" as a substitute for the "printed foil."In this case, a person skilled in the art could not have conceived of applying thestructure with the independent printing area to Exhibit Ko 2 Invention B. Therefore, aperson skilled in the art is not motivated to consider the area of the independent printing
area additionally.
B. On the other hand, the Defendant alleged, as stated in No. 3, 10. (2) C. above, that
if a person skilled in the art gives a shape to the "printed transparent foil," it isconsidered that he/she refers to many white dots in the form of the "Raster" "in orderto show the visible surface in white and opaque during daylight" "so that reflected lighttransmitted at the predetermined percentage." Exhibit Ko 2 Document has no statements
35

related to these points. Instead of this fact, it cannot be said that a person s killed in theart who comes across Exhibit Ko 2 Document is motivated to replace the "printed foil"of Exhibit Ko 2 Invention B with many white dots in the form of the "Raster." Therefore,
the aforementioned allegation of the Defendant is groundless.
(2) Summary
Based on the above, the JPO Decision has errors on the determination on whether
Difference 2B-3 between Invention 1 and Exhibit Ko 2 Invention B could have been
easily conceived of by a person skilled in the art. Invention 1 is not regarded as on e that
could have been easily conceived of by a person skilled in the art based on Exhibit Ko
2 Invention B and well-known art. Therefore, without the need to make determinations
on the remaining issues, Grounds for Rescission 2B-1-2 alleged by the Plaintiff has
grounds.
12. Grounds for Rescission 2B-2-1 (Error in the findings of the common features anddifferences between Invention 2 and Exhibit Ko 2 Invention B)
The Plaintiff alleged, as stated in No. 3, 11. (1) above, on the premise that there are
errors in the findings of Exhibit Ko 2 Invention B by the JPO Decision that there are
errors in the findings of differences by the JPO Decision. However, as stated in 10. (1)above, there are no errors in the findings of Exhibit Ko 2 Invention B by the JPO
Decision.
In addition, Invention 2 has the same structure as Invention 1 except the following
points: [i] "the reflective elements are triangular pyramidal cube-corner retroreflective
elements" and [ii] the thickness of the printing layer is "0.5 μm to 10 μm."
Then, differences between Invention 2 and Exhibit Ko 2 Invention B should befound in addition to Differences 2B-1 through 2B-3, and Difference 2B-4 should befound as Difference 2B-4' as found by the JPO Decision on the premise of the structure
defined [ii].
Therefore, there are no errors in findings of the common features and differences
between Invention 2 and Exhibit Ko 2 Invention B by the JPO Decision.
13. Grounds for Rescission 2B-2-2 (Error in the determination on whether Invention 2
could have been easily conceived of by a person skilled in the art based on the
differences found by the JPO Decision)
As stated in 11. (1), there is an error in the JPO Decision on whether a person skilledin the art could have easily conceived of Difference 2B-3.
Then, it cannot be said that Invention 2 could have been easily conceived of by aperson skilled in the art based on Exhibit Ko 2 Invention B and well -known art.
Therefore, Grounds for Rescission 2B-2-2 alleged by the Plaintiff has grounds.
3614. Grounds for Rescission 3 (Error in the determination on the violation of the support
requirements)(1) Article 36, paragraph (6), item (i) of the Patent Act stipulates that the statements inthe claims must not exceed the scope of the invention stated in the detailed explanationof the invention. The reason is because, if an invention that is not stated in the detailed
explanation of the invention is stated in the claims, it results in demanding exclusive
rights for an invention that has not been published and it is not appropriate. Thus, thepurport of the provisions is construed to prevent such a situation.
Then, it is reasonable to construe that whether a statement in the claims conforms
to the requirements as set forth in said item (support requirements) should bedetermined by comparing the statement in the claims and the statement in the detailed
explanation of the invention and by examining [i] whether an invention stated in theclaims is an invention stated in the detailed explanation of the invention and theinvention is in the scope where a person skilled in the art can recognize that the
problems of the invention can be solved based on the statement in the detailed
explanation of the invention and [ii] whether it is in the scope where a person skilled in
the art can solve the problems of the invention in light of the common general technicalknowledge at the time of filing of the application even without any statements orsuggestions in the detailed explanation of the invention.
(2) The detailed explanation of the invention in the Description has the following
statements: "The present invention is related to a cube-corner retroreflective sheet thatis comprised of a triangular pyramidal cube-corner retroreflective element (hereinafter
simply referred to as a "triangular pyramidal retroreflective element" in some cases)that is useful for signs, such as road signs, construction signs, etc.; number plates forvehicles, such as automobiles and motorcycles, etc.; safety materials for clothing andlife-saving devices, etc.; and reflector plates, etc. of markings for commercial signs,
etc., visible lights, laser beams, or infrared reflection type sensors." ([0002]); "A
retroreflective sheet that reflects incident light towards the light source has been w ell
known. Said sheets using the retroreflective properties are widely used in the
aforementioned areas. In particular, a cube-corner retroreflective sheet that uses theretroreflection principle of cube-corner retroreflective elements, such as triangularpyramidal retroreflective elements, etc., and a triangular pyramidal cube -corner
retroreflective sheet, wherein a vapor deposition layer is provided on the side ofreflection of the aforementioned reflective element (hereinafter referred to as a "vapor
deposition-type triangular pyramidal cube-corner retroreflective sheet") have adramatically excellent light retroreflective efficiency compared to conventional37

retroreflective sheets that use micro glass spheres. Thanks to the excellent
retroreflective performances, the use of retroreflective sheets is expanding year by
year." ([0003]); "However, the vapor deposition-type triangular pyramidal cube-corner
retroreflective sheet has a defect that it is affected by the metal color and its appearance
becomes dark due to the nature of the retroreflective element." ([0004]); "In order toimprove the hue of the triangular pyramidal cube-corner retroreflective sheet and metal
vapor deposition-type triangular pyramidal cube-corner retroreflective sheet, theattempt has also been made to provide a consecutive printing layer on part of theretroreflective sheet." ([0008]); "There are the following types of retroreflective sheets,in addition to the aforementioned triangular pyramidal cube-corner retroreflective sheet
and vapor deposition-type triangular pyramidal cube-corner retroreflective sheet:sealing-type retroreflective sheet, capsule lens-type retroreflective sheet, etc. The sameattempt to provide a printing layer as the Application has been made with these sheets."([0009]); "However, the printing layer has slightly less adhesion with both the reflective
element and surface protective layer and has defects, such as that the layer itself hasless weatherability and it may cause a blister in the weatherability test, or it easily
absorbs water. It also has the defect that if a consecutive printing layer is provided ona triangular pyramidal cube-corner retroreflective sheet or vapor deposition-type
triangular pyramidal cube-corner retroreflective sheet, adhesion around the printing
layer decreases, and therefore, it is inferior in weatherability and water resistance."([0012]); "In addition, the sealing-type retroreflective sheet and the capsule lens-type
retroreflective sheet originally have less retroreflective properties than the triangularpyramidal cube-corner retroreflective sheet or the vapor deposition-type triangularpyramidal cube-corner retroreflective sheet, and they have a defect that if the printing
layer is provided, they cannot satisfy the retroreflective properties." ([0013]); "In lightof the defects in the prior art as above, the present invention provides a retroreflective
sheet for which the hue is improved by employing a very simple and inexpensive
method." ([0014]); "The present inventor, etc. examined various hues of triangularpyramidal cube-corner retroreflective sheets and metal vapor deposition-type triangularpyramidal cube-corner retroreflective sheets. As a result, they found retroreflective
sheets with excellent weatherability and water resistance and improved hue by
providing a printing layer on the reflective element layer or the surface protective layerof the retroreflective sheet and completed the present invention." ([0015]).
Taking into account all of these statements, it is found that the Invention provides a
retroreflective sheet with improved hue which solves the defect of prior art —poor
weatherability and water resistance in the case where a printing layer is provided on a38

triangular pyramidal cube-corner retroreflective sheet or a vapor deposition-type
triangular pyramidal cube-corner retroreflective sheet in order to improve the hue ofthese sheets—by employing a very simple and inexpensive method.
(3) Then, concerning the Invention, the following are examined below: whether theinvention stated in the claims is the invention stated in the detailed explanation of theinvention; and in light of the aforementioned statements in the detailed explanation orcommon general technical knowledge at the time when the Application was filed,
whether the Invention is in the scope where a person skilled in the art could recognizethat the Invention can solve the aforementioned problem of the Invention.
A. The detailed explanation of the invention of the Description has the following
statements: as the "best embodiment of the invention," "A retroreflective sheet that isused for the Invention is preferred to be a triangular pyramidal cube-corner
retroreflective sheet or vapor deposition-type triangular pyramidal cube-corner
retroreflective sheet consisting of at least a reflective element layer, which consists ofmany reflective elements and a holder layer, and a surface protective layer, which isprovided on the reflective element layer." ([0018]); "For the reflective element layerthat is used for the present invention and consists of reflective elements and a holder
layer, the reflective element layer, which is publicly-known as a reflective element layerof a triangular pyramidal cube-corner retroreflective sheet or a vapor deposition-type
triangular pyramidal cube-corner retroreflective sheet, can be used." ([0019]); "(4) is areflective element layer of the present invention, where triangular pyramidal reflective
elements are arranged in the closest packing state; (3) is a holder layer for hol ding thereflective elements; and (11) is the incident direction of light. A reflective element layer(4) and a holder layer (3) are usually integrated (5); however, separate layers can belaminated. Based on the objective and environment for the use of the retroreflective
sheet in the present invention, a surface protective layer (1), a printing layer for coloring
to adjust hue (2), a bonding agent layer (7) for achieving the sealing structure to prevent
water from entering into the back surface of the reflective element layer (4), a holding
layer (8) for supporting the bonding agent layer (7), and an adhesive agent layer (9) anda separating material layer (10) that are used to attach the retroreflective sheet toanother structure can be provided." ([0021]); "The printing layer (2) can usually beprovided between the surface protective layer (1) and the holder layer (3), on the surface
protective layer (1) or on the reflective surface of the reflective element layer (4), or on
the surface protective layer. If the surface protective layer (1) has two or more layers,
the printing layer (2) can be provided between the surface protective layers." ([0022]);"As examples of materials that can be used for the reflective element layer (4) in the39

present invention are polycarbonate resin, .... and other materials." ([0025]); "The same
resin as used for the reflective element layer (4) can be used for the surface protective
layer (1). In particular, … (meth)acrylic resin, which have excellent weatherability,
solvent resistance, printing performance, etc. are preferred." ([0026]); "The area of the
independent printing area of the printing layer (2) of the present invention is 0.15 mm 2
to 30 mm2, preferably 0.2 mm 2 to 25 mm2, and more preferably 0.4 mm 2 to 15 mm 2."([0029]); "If the area of the independent printing area is 0.15 mm 2 or more, it ispreferable since it has excellent molding properties and the hue can be easily adjusted.
If it is 30 mm 2 or less, it is preferable since it does not decrease the interlayer adhesi on
strength between the two layers sandwiching the printing layer (2) in the surroundingarea of the printing area." ([0030]); "The thickness of printing layer (2) is not
specifically limited; however, it is preferable for it to be 0.5 μm to 10 μm, preferably 1
μm to 5 μm, and more preferably 2 μm to 4 μm." ([0031]); "If the thickness of printing
layer (2) is 0.5 μm or more, it is preferable since it has excellent molding properties andthe hue can be easily adjusted. If it is 10 μm or less, it is preferable since it does notdecrease the interlayer adhesion strength between the two layers sandwiching theprinting layer (2) in the surrounding area of the printing area." ([0032]); "The coloring
agent that is used in the present invention is not specifically limited; however, it ispreferred to be a coloring agent that can brighten the hue and have concealing properties
and a light color conforming to the sheet's hue is preferred. For example, there are whiteorganic pigments, white and yellow inorganic pigments, and fluorescent dyes andfluorescent brighteners. In particular, white and yellow inorganic pigments that havebetter concealing properties are preferred." ([0036]).
According to the detailed explanation of the invention contained in the Description
indicated above, the Invention can be regarded as an invention stated in the detailed
explanation of the invention.
B. In the detailed explanation of the invention in the Description, the experimental
results of the comparison between the following working examples and comparative
examples are disclosed (Table 1 (shown below)): Working Example 1 (a triangularpyramidal cube-corner retroreflective sheet (printing thickness is approximately 2 μm)
as shown in FIG. 1 (shown below), on which gravure printing is provided using aprinting ink in a staggered form with 2 mm-diameter circular printing pattern at 4 mm
pitch as shown in FIG. 4 using an acrylic resin film with a thickness of 70 μm("Sunduren LHB" manufactured by Mitsubishi Rayon Co. Ltd.); [0057] through[0067]); Working Example 2 (a vapor deposition-type triangular pyramidal cube-corner
retroreflective sheet that is created under the conditions of Working Example 1; [0068]
40and [0069]); and Working Example 3 (a vapor deposition-type triangular pyramidal
cube-corner retroreflective sheet (printing thickness is approximately 2 μm), on which
gravure printing is provided on a polycarbonate resin surface using a printing ink
created in Working Example 1 in a staggered form with 1 mm-diameter circular printing
pattern at 3 mm pitch as shown in FIG. 4 (shown below), and for which compression
molding is implemented under the same conditions as Working Example 1, and on
which a sealing structure and adhesive layer are provided; [0070] through [0074]); as
well as Comparative Example 1 (the same as Working Example 1 except for the printing
pattern that used the pattern shown in FIG. 6 (shown below).); and Comparative
Example 2 (the same as Working Example 2 except for the printing pattern that used
the pattern shown in FIG. 6.).
[FIG. 1]41

[FIG. 4][FIG. 6]

(Table 1)
Working

Working

WorkingComparative

Comparative

Example 1

Example 2

Example 3

Example 1

Example 2

430

615

512

457

534

46

28

25

48

28

Retroreflective
properties
Y value
Appearance after
the weatherability
test

No

No

No

Blister in the

Blister in theabnormality

abnormality

abnormality

printed part

printed partIn light of the laminated structure indicated in FIG. 1, Working Examples 1 to 3comprise a "reflective element layer consisting of a reflective element and a holder
layer" and a "surface protective layer installed on the reflective element layer" and " aprinting layer is installed between the holder layer and the surface protective layer." As
FIG. 4 (unlike FIG. 6) shows that printing areas are arranged in a staggered form, "theprinting area forms an independent area and is arranged in a repeating patt ern," and it"does not form a continuous layer." The area of the independent printing area is 1 mm 2
in Working Examples 1 and 2, and 0.25 mm 2 in Working Example 3. The printing layer
is a retroreflective sheet of 2 μm in thickness which is printed using pigments such astitanium oxide ([0061]). In these examples, there was no abnormality in terms ofretroreflective properties and the appearance after the weatherability test, whereas in
the comparative examples (the pattern without an independent printing ar ea in FIG. 6),
the generation of a blister in the printing layer was disclosed.
42

In view of the statements in individual paragraphs in the Description as shown in A.
above and the results of the comparative tests above, it can be said that the detailed
explanation of the invention contained in the Description provides disclosure to theextent that a person skilled in the art would be able to recognize that the retroreflective
sheet that satisfies the matters specifying the Invention can solve the problem targetedby the Invention as found in (2) above.
C. The JPO Decision found that with regard to the laminated structure of the "holder
layer," the "surface protective layer" and the "printing layer," the "claims" of theInvention only state that "the printing layer is installed between the holder layer andthe surface protective layer in a manner that it makes contact with the holder layer andthe surface protective layer" and there is no statement specifying whether the "holder
layer" makes contact with the "surface protective layer." On these grounds, the JPO
Decision determined that the Invention lacks the structure wherein the "holder layer"
and the "surface protective layer" are bonded together with a width where adhesion issecured.
However, as the Invention relates to a retroreflective sheet used for signs, such as
road signs, construction signs, etc., and number plates for vehicles such as automobiles
and motorcycles ([0002]), it can be said that the Invention is necessarily supposed to
be used outside, and it can also be said that requiring a certain degree of weatherability
for a retroreflective sheet is in itself common general technical knowledge. The
Description states that in order to improve the hue of the conventional retroreflective
sheet based on prior art, attempts have been made to provide a continuous printing layer
on part of the retroreflective sheet, but the printing layer has defects such that its
adhesion with the surface protective layer is slightly inferior, and a blister is genera tedin the weatherability test and it is also easy to absorb water ([0008], [0009], [0012]). In
light of these circumstances, it is unreasonable to consider that the "claims" of theInvention lack the structure of a retroreflective sheet wherein the holder layer and thesurface protective layer are bonded together with a width where adhesion is secured
only because the "claims" do not contain a statement specifying whether the holder
layer and the surface protective layer make contact with each other. Rather, it should beconsidered that the adhesion between these layers is taken as a given (even in light of
the terms, "surface protective layer" and "holder layer," and their nature, it is difficult
to assume that these layers are bonded purposefully with a width where adhesion is notsecured).
In addition, the Defendant alleged, as stated in No. 3, 13 (2) above, that the JPO
Decision questioned not only the point that it is not specified that the "holding layer"
43and the "surface protective layer" come into contact, but also the point that it cannot be
said that parts without the "independent printing area" of the "holder layer" and the"surface protective layer" in Invention 1 come into contact in the width to keepadhesion; and since the "retroreflective sheet" lacking the aforementioned structure
includes a form that is not evaluated as showing "no abnormality" in the weatherability
test as stated in [0054] in the Description, a violation of the support requirements isfound.
However, in the Invention, as stated above, since the fact that the "surface protective
layer" and the "holder layer" have adhesion is used as a natural premise, the Defendant's
allegation has an error in its premise and cannot be accepted.
Therefore, the determination by the JPO Decision that the Invention did not fulfill
the support requirements misunderstood the premise of the determination, and therefore,
it was in error.
15. Conclusion
Based on the above, Grounds for Rescission 1-1-2, 1-2-2, 2A-1-2, 2A-2-2, 2B-1-2,
2B-2-2, and 2B-2-3 have grounds from among the Grounds for Rescission alleged by
the Plaintiff, and therefore, the JPO Decision should be rescinded.
Consequently, the judgment shall be rendered as indicated in the main text.
Intellectual Property High Court, Fourth Division
Presiding judge: KANNO Masayuki
Judge: NAKAMURA Kyo
Judge: OKAYAMA Tadahiro

44

(Attachment 1)[Detailed explanation of the invention][Technical field][0001]The present invention relates to a triangular pyramidal cube-corner retroreflective
sheet having a novel structure. More particularly, the present invention relates to atriangular pyramidal cube-corner type retroreflective sheet characterized by a printing
layer for improving the hue provided on part of the triangular pyramidal cube -cornertype retroreflective sheet.
[0002]
More particularly, the present invention is related to a cube-corner retroreflective
sheet that is comprised of a triangular pyramidal cube-corner retroreflective element(hereinafter simply referred to as a "triangular pyramidal reflective element" in somecases) that is useful for signs, such as road signs, construction signs, etc.; number plates
for vehicles, such as automobiles and motorcycles, etc.; safety materials for clothing
and life-saving devices, etc.; and reflector plates, etc. of markings for commercial signs,
etc., visible lights, laser beams, or infrared reflection type sensors."[Background art]
[0003]
A retroreflective sheet that reflects incident light towards the light source is wellknown. Said sheets using the retroreflective properties are widely used in the
aforementioned areas. In particular, a cube-corner retroreflective sheet that uses theretroreflection principle of cube-corner retroreflective elements, such as triangularpyramidal retroreflective elements, etc., and a triangular pyramidal cube -corner
retroreflective sheet, wherein a vapor deposition layer is provided on the side ofreflection of the aforementioned reflective element (hereinafter referred to as a "vapor
deposition-type triangular pyramidal cube-corner retroreflective sheet") have adramatically excellent light retroreflective efficiency compared to conventional
retroreflective sheets that use micro glass spheres. Thanks to the excellent
retroreflective performances, the use of retroreflective sheets is expanding year by year.
[0004]
However,

the

vapor

deposition-type

triangularpyramidal

cube-corner

retroreflective sheet has a defect that it is affected by the metal color and its appearance
becomes dark due to the nature of the retroreflective element.
[0005]
Concerning these retroreflective sheets and their manufacturing methods, for45

example, a triangular pyramidal cube-corner retroreflective sheet is stated in Patent
Document 1, etc.; for example, a vapor deposition-type triangular pyramidal cubecorner retroreflective sheet is stated in Patent Document 2, etc. Citation of these
documents substitutes as their specific statements here.
[0006]
Statements concerning the triangular pyramidal cube-corner retroreflective sheet
characterized by the following are found in Patent Application No. 2000-72279 and thecitation of the document substitutes as the specific statements thereof here: wherein thetriangular pyramidal cube-corner retroreflective element is a pair of retroreflective
elements segmented by three nearly orthogonally intersecting side surfaces (surface a1,
surface b1, surface c1; surface a2, surface b2, surface c2; ...) by mutual intersection ofV-shaped grooves, for which cross-section surface is substantially symmetrical, and isarranged on a common bottom surface (Sx-Sx') so as to be projected in the closest
packing state; wherein the pair of triangular pyramidal retroreflective elements has apair of side surfaces (surface c1, surface c2) facing each other and sharing a base (x);wherein the bottom surface (Sx - Sx') is a common flat surface containing the base (z,z) of one side surface (surface a1, surface a2) and side surface (y, y) of another sidesurface (surface b1, surface b2) of the pair of triangular pyramidal retroreflective
elements; the pair of triangular pyramidal retroreflective elements sharing the base (x)has side surfaces (surface c1, surface c2) that face each other and have different shapes;
and wherein the heights from the bottom surface (Sx-Sx') to the vertex are different
from each other.
[0007]
Statements concerning the triangular pyramidal cube-corner retroreflective element
sheet characterized by the following are found in International Publication No.
WO98/18028 and the citation of the document substitutes as the specific statements
thereof here: wherein the triangular pyramidal cube-corner retroreflective elements
project on a common bottom surface (Sx-Sx'), share one base on the bottom surface(Sx-Sx') with each other, and are arranged in the closest packing state on the bottom
surface by facing each other; wherein the bottom surface (Sx-Sx') is a common flat
surface containing many bases (x, x, ...) shared by the triangular pyramidal
retroreflective elements; wherein two triangular pyramidal reflective elements that faceeach other form a pair of elements that are substantially in the same shape and facesubstantially symmetrically against a flat surface (Y-Y', Y-Y', …) perpendicular to thebottom surface including a common base (x, x, …) on the bottom surface (Sx – Sx');
wherein the triangular pyramidal reflective elements consist of substantially the same46

pentagonal inclined surfaces (surface c1, surface c2) that include the shared base (x,x, ...) as a side, and substantially the same square inclined surfaces (surface a1, surface
b1; surface a2, surface b2) that have the two top sides of the aforementioned surface c1
or surface c2, which starts from the vertexes of the triangular pyramidal reflective
element (H1, H2) as one of its sides and substantially intersects orthogonally with said
surface c1 or surface c2, which shares one of the ridge lines of the triangular pyramidalreflective element and uses it as one of its sides; wherein the height (h') to the bottom
surface (Sx-Sx') containing the base (x, x, ....) of the pentagonal inclined surfaces(surface c1, surface c2) of the triangular pyramidal reflective element is substantiallyhigher than the height (h) from the vertexes (H1, H2) of the triangular pyramidalreflective element to the substantially horizontal surface (virtual surface S -S')
containing the base (z, w) of the other inclined surfaces (surface a1, surface b1; surface
a2, surface b2) of the triangular pyramidal retroreflective element.
[0008]In order to improve the hue of the triangular pyramidal cube-corner retroreflective
sheet and metal vapor deposition-type triangular pyramidal cube-corner retroreflective
sheet, the attempt has also been made to provide a consecutive printing layer on part of
the retroreflective sheet.
[0009]
There are the following types of retroreflective sheets, in addition to theaforementioned triangular pyramidal cube-corner retroreflective sheet and vapor
deposition-type triangular pyramidal cube-corner retroreflective sheet: sealing-type
retroreflective sheet, capsule lens-type retroreflective sheet, etc. The same attempt toprovide a printing layer as the Application has been made with these sheets.
[0010]
Here, the sealing-type retroreflective sheet consists of a light transmissive holder
layer; a layer of many micro glass spheres wherein nearly the half-sphere thereof isembedded and supported in a way so that they substantially align on one layer on thesurface opposite the light incident side of the light transmissive holder layer; a lighttransmissive focus layer that is formed along with the surface of nearly half-sphere parton the side where the micro glass spheres are not embedded and that is provided with athickness so that a substantial focus of the micro glass spheres is set on the surface ofthe side which does not come into contact with said micro glass spheres; and a lightreflective metallic membrane that is formed on the surface on the side that does notcome into contact with the micro glass spheres of the focus layer, and it has anadditional light transmissive surface protective layer laminated on the surface on the47

light incident side as necessary.
[0011]
Further, the capsule lens-type retroreflective sheet consists of a light transmissive
covering layer; a holder layer; a layer of lens-type retroreflective elements that areprovided on the surface on the side facing the light transmissive covering layer of theholder layer and in which half spheres of many micro glass spheres are embedd ed andsupported in a way that they substantially align on one layer and the embedded half sphere is covered with a light reflective metallic membrane; and an air layer between
the light transmissive covering layer and the lens-type retroreflective element; wherein
the air layer is formed by creating a clearance between the light transmissive covering
layer and the holder layer and by partially connecting both layers with a connecting
unit; and wherein the connecting unit divides the clearance into many sealed small
cavities.
[0012]
However, the printing layer has slightly less adhesion with both the reflective
element and surface protective layer and has defects, such as that the layer itself hasless weatherability and it may cause a blister in the weatherability test, or it easily
absorbs water. It also has the defect that if a consecutive printing layer is provided ona triangular pyramidal cube-corner retroreflective sheet or vapor deposition-type
triangular pyramidal cube-corner retroreflective sheet, adhesion around the printing
layer decreases, and therefore, it is inferior in weatherability and water resistance.
[0013]In addition, the sealing-type retroreflective sheet and the capsule lens-type
retroreflective sheet originally have less retroreflective properties than the triangularpyramidal cube-corner retroreflective sheet or the vapor deposition-type triangularpyramidal cube-corner retroreflective sheet, and they have a defect that if the printing
layer is provided, they cannot satisfy the retroreflective properties.
[Patent Document 1] Description of US Patent No. 3,417,959[Patent Document 2] Unexamined Patent Application Publication No. 1974-106839(Description of US Patent No. 3,712,706)[Disclosure of invention][Problems to be solved by the invention][0014]
In light of the defects in the prior art as above, the present invention provides a
retroreflective sheet for which the hue is improved by employing a very simple andinexpensive method.
48

[0015]The present inventor, etc. examined various hues of triangular pyramidal cubecorner retroreflective sheets and metal vapor deposition-type triangular pyramidal
cube-corner retroreflective sheets. As a result, they found retroreflective sheets withexcellent weatherability and water resistance and improved hue by providing a printing
layer on the reflective element layer or the surface protective layer of the retroreflective
sheet and completed the present invention.
[Means of solving problems][0016]
Thus, the present invention provides a printed retroreflective sheet, which is aretroreflective sheet consisting of at least a reflective element layer, which consists ofmany reflective elements and a holder layer, and a surface protective layer, which isinstalled on the reflective element layer, and is characterized by; wherein polycarbonate
resin is used for the reflective element layer and (meth)acrylic resin is used for thesurface protective layer; wherein the printing layer is installed between the holder layer
and the surface protective layer in a manner that it makes contact with the holder layer
and the surface protective layer; wherein the printing area of the printing layer forms
an independent area and is arranged in a repeating pattern, and does not form acontinuous layer, with the area of the independent printing area being 0.15 mm 2 to 30
mm2; and wherein the printing layer contains titanium oxide as a white inorganic
pigment.
[Best embodiment of the invention][0017]
Hereinafter, a printed retroreflective sheet of the present invention will be describedin more detail with reference to the figures.
[0018]
A retroreflective sheet that is used for the Invention is preferred to be a triangularpyramidal cube-corner retroreflective sheet or vapor deposition-type triangularpyramidal cube-corner retroreflective sheet consisting of at least a reflective element
layer, which consists of many reflective elements and a holder layer, and a surface
protective layer, which is provided on the reflective element layer. If it is theretroreflective sheet, it has particularly excellent retroreflective performance, and even
if it is provided with a printing layer, sufficient retroreflective performance can beobtained.
[0019]For the reflective element layer that is used for the present invention and consists49

of reflective elements and a holder layer, the reflective element layer, which is publiclyknown as a reflective element layer of a triangular pyramidal cube-corner
retroreflective sheet or a vapor deposition-type triangular pyramidal cube-corner
retroreflective sheet, can be used.
[0020]An example of a triangular pyramidal cube-corner retroreflective sheet of thepresent invention is explained in reference to a cross-section view.
[0021](4) is a reflective element layer of the present invention, where triangular pyramidalreflective elements are arranged in the closest packing state; (3) is a holder layer forholding the reflective elements; and (11) is the incident direction of light. A reflective
element layer (4) and a holder layer (3) are usually integrated (5); however, separate
layers can be laminated. Based on the objective and environment for the use of theretroreflective sheet in the present invention, a surface protective layer (1), a printing
layer for coloring to adjust hue (2), a bonding agent layer (7) for achieving the sealing
structure to prevent water from entering into the back surface of the reflective element
layer (4), a holding layer (8) for supporting the bonding agent layer (7), and an adhesive
agent layer (9) and a separating material layer (10) that are used to attach theretroreflective sheet to another structure can be provided.
[0022]The printing layer (2) can usually be provided between the surface protective layer(1) and the holder layer (3), on the surface protective layer (1) or on the reflective
surface of the reflective element layer (4), or on the surface protective layer. If thesurface protective layer (1) has two or more layers, the printing layer (2) can beprovided between the surface protective layers.
[0023]The printing layer (2) can be regularly provided by gravure printing, screen printing,ink jet printing, and other means.
[0024]The materials constituting the aforementioned reflective element layer (4) and theholder layer (3) are not particularly specified as long as the materials satisfy flexibility,
which is one of the objectives of the present invention; however, the materials with
optical transparency and uniformity are preferred.
[0025]As examples of materials that can be used for the reflective element layer (4) in thepresent invention are the following: polycarbonate resin, vinyl chloride resin,50

(meth)acrylic resin, epoxy resin, styrene resin, polyester resin, fluorine resin, olefin
resin, such as polyethylene resin and a polypropylene resin, etc., cellulose resin, and aurethane resin, and others. In addition, for the purpose of improving the weatherability,
ultraviolet absorbers, light stabilizers, antioxidants, and other agents may be used alone
or in combination respectively. Further, various organic pigments, inorganic pigments,
fluorescent pigments, dyes, fluorescent dyes, and other items may be contained ascoloring agents.
[0026]The same resin as used for reflective element layer (4) can be used for the surface
protective layer (1). In particular, vinyl chloride resin and (meth)acrylic resin, whichhave excellent weatherability, solvent resistance, printing performance, etc., arepreferred.
[0027]For the purpose of improving the weatherability, ultraviolet absorbers, lightstabilizers, antioxidants, and agents may be used alone or in combination respectively
also for surface protective layer (1). Further, various organic pigments, inorganic
pigments, fluorescent pigments, dyes, fluorescent dyes, and other items may becontained as coloring agents.
[0028]
In cases of printing on the surface protective layer (1), in order to have excellent
printing properties, it is preferred to adjust the surface tension at 32 dyne/cm or more.
[0029]
The area of the independent printing area of the printing layer (2) of the present
invention is 0.15 mm 2 to 30 mm2, preferably 0.2 mm 2 to 25 mm2, and more preferably
0.4 mm2 to 15 mm2.
[0030]
If the area of the independent printing area is 0.15 mm 2 or more, it is preferable
since it has excellent molding properties and the hue can be easily adjusted. If it is 30
mm2 or less, it is preferable since it does not decrease the interlayer adhesion strength
between the two layers sandwiching the printing layer (2) in the surrounding area of theprinting area.
[0031]The thickness of printing layer (2) is not specifically limited; however, it ispreferable for it to be 0.5 μm to 10 μm, preferably 1 μm to 5 μm, and more preferably
2 μm to 4 μm.
[0032]
51

If the thickness of printing layer (2) is 0.5 μm or more, it is preferable since it has
excellent molding properties and the hue can be easily adjusted. If it is 10 μm or less,
it is preferable since it does not decrease the interlayer adhesion strength between the
two layers sandwiching the printing layer (2) in the surrounding area of the printingarea.
[0033]In addition to the resin component and the coloring agent, the ink for printing layer(2) may be blended with various additives, such as plasticizers, defoaming agents,
leveling agents, ultraviolet absorbers, light stabilizers, heat stabilizers, crosslinking
agents, and other agents, and may be blended with solvents for adjusting the viscosity,
etc.
[0034]The resin component used in the ink is not particularly limited; however, melamine
resin, epoxy resin, urethane resin, vinyl resin, polyester resin, alkyd resin, etc. haveexcellent dispersibility and stability in coloring agents, solubility in solvents,
weatherability, printability, film adhesion, etc., and they can be used alone or bycopolymerizing two or more of them in combination.
[0035]
In cases where vinyl chloride resin or (meth)acrylic resin is used for the surface
protective layer (1), which is the preferred form of the present invention, it is preferred
for the resin components used in the ink to be acrylic resin or vinyl resin from among
the above, which is to be used alone or by copolymerizing them.
[0036]
The coloring agent that is used in the present invention is not specifically limit ed;
however, it is preferred to be a coloring agent that can brighten the hue and haveconcealing properties and a light color conforming to the sheet's hue is preferred. For
example, there are white organic pigments, white and yellow inorganic pigments, a nd
fluorescent dyes and fluorescent brighteners. In particular, white and yellow inorganic
pigments that have better concealing properties are preferred.
[0037]
Examples of the aforementioned organic pigments used in the present invention are
fast yellow, disazo yellow, permanent yellow, lionol yellow, chromophthal yellow, andirgazin yellow, etc. and they can be used alone or in combination.
[0038]
Examples of the aforementioned inorganic pigments used in the present invention
are titanium oxide, calcium carbonate, barium sulfate, zinc oxide, zinc sulfide, etc. for52the color white, and titan yellow, yellow iron oxide, etc. for yellow. They can be usedalone or in combination and can also be used with the aforementioned organic pigments.
[0039]
Generally, the reflective element layer (4) is provided with the air layer (6) at theback surface of a triangular pyramidal cube-corner retroreflective element for the
purpose of increasing the critical angle satisfying all the internal reflection conditions.
In order to prevent a defect, such as decreases in critical angle due to the entry ofmoisture under use conditions, the reflective element layer (4) and the holder layer (8)are preferably sealed by the bonding agent layer (7).
[0040]As a sealing method, a method described in US Patent No. 3,190,178, US Patent
No. 4,025,159, and Japanese Unexamined Utility Model Application Publication No.
1975-28669 can be used.
[0041]
Examples of the resin used for the bonding layer (7) are (meth)acrylic resin,polyester resin, alkyd resin, epoxy resin, and other resins. As a bonding method, apublicly-known thermal adhesiveness resin bonding method, thermosetting resin
bonding method, ultraviolet curable resin bonding method, electron beam curable resin
bonding method, etc. can be used as necessary.
[0042]The bonding agent layer (7) that is used for the present invention can be coated on
the whole area of holder layer (8) and can be provided selectively to the bonding parts
with the retroreflective element layer (4) by the printing method.
[0043]As an example of the material constituting the holder layer (8), resin comprising theretroreflective element layer (4), resin that can form general films, textiles, fabrics, andmetal foils or plates, such as stainless or aluminum, etc., can be used alone or in
combination respectively.
[0044]
Publicly-known materials can be used for the adhesive agent layer (9) to attach aretroreflective sheet of the present invention to a metallic plate, wood plate, glass plate,plastic plate, etc. and for the separating material layer (10) for said adhesive agent layer(9) as necessary. As an adhesive agent, a pressure-sensitive adhesive, heat-sensitiveadhesive, or crosslinking adhesive, etc. can be selected as necessary. As the pressuresensitive adhesive, a polyacrylic acid ester pressure-sensitive adhesive, silicone resinbased pressure-sensitive adhesive, or rubber-based pressure-sensitive adhesive, etc. that53

can be obtained by copolymerizing acrylic acid ester, such as butyl acrylate, 2ethylhexyl ester acrylate, isooctyl acrylate, nonyl acrylate, with acrylic acid, vinyl
acetate, etc., can be used. As the heat-sensitive adhesive, an acrylic resin, polyester
resin, or epoxy resin, etc. can be used.
[0045]
Next, an example of the vapor deposition-type triangular pyramidal cube-corner
retroreflective sheet of the present invention will be described in reference to a cross section view.
[0046]For the surface protective layer (1), the printing layer (2), the holder layer (3), thereflective element layer (4), and the layer (5) integrating (3) and (4), the adhesive agent
layer (9), and the separating material layer (10) of the vapor deposition-type triangularpyramidal cube-corner retroreflective sheet, the same materials as the aforementioned
triangular pyramidal cube-corner retroreflective sheet can be used.
[0047]On the element surface of the reflective element layer (4) of a vapor deposition -type
triangular pyramidal cube-corner retroreflective sheet, a metallic specular reflection
layer (12) is provided and, in addition, the adhesive agent layer (9) comes directly into
contact with the specular reflection layer (12) and is laminated. Since the vapor
deposition-type triangular pyramidal cube-corner retroreflective sheet in this form
retroreflects based on the specular reflection principle, an air layer is not required.
Therefore, it does not require the bonding agent layer and the holder layer.
[0048]The triangular pyramidal cube-corner retroreflective sheet of the present invention
can be provided with the specular reflection layer (12), which consists of aluminum,
copper, silver, nickel, or other metal, on the surface of the reflective element layer (4)by using vacuum-based deposition, chemical plating, spattering, or other means. Fromamong the methods to provide the specular reflection layer (12), the vacuum -based
deposition method using aluminum is preferred since it can reduce deposition
temperature and thermal deformation of the retroreflective element (4) in the deposition
process can be reduced to a minimum, and the obtained color hue of the specularreflection layer (12) also becomes bright.
[0049]
The aforementioned continuous deposition device of the aluminum specularreflection layer (12) consists of a vacuum container which can maintain the vacuum atapproximately 7 to 9*10-4mmHg, a winding-out device to feed a prism roll sheet that54

is placed in the vacuum container and consists of a base sheet and a surface protective
layer laminated on the surface at the light incident side of the base sheet, a winding-up
device to wind up the vapor-deposited prism roll sheet, and a heater that is provided
between these devices and can melt aluminum with an electric heater in a graphite
crucible. In the graphite crucible, pure aluminum pellets with a purity of 99.99 wt% or
higher, and, for example, under the conditions at AC voltage of 350 V to 360 V, a currentof 115 A to 120 A, and processing speed of 30 to 70 m/min., the specular reflection
layer (12) can be vapor-deposited, for example, at a thickness of 800 to 2,000 angstroms
on the surface of a retroreflective element with melted and vaporized aluminum atoms.
[Working examples][0050]
Hereinafter, the details of the present invention will be described more specifically.
It goes without saying that the present invention is not limited to the working examples.
[0051]The numerical values stated in the working examples, the Description, and theclaims are measured by the following methods.
[0052](1) Retroreflective performance
As the retroreflective performance measuring device, "Model 920" manufactured
by Advanced Retro Technology Co., Ltd. is used, and the retroreflective performanceof a retroreflective sheet of 100mm*100mm is measured at 5 points under the conditionsof an observation angle of 0.2 degrees and incident angle of 5 degrees according to JIS
Z-9117. The mean value is used for the retroreflective performance of the retroreflective
sheet.
[0053](2) Hue (brightness)
As a hue measuring device, "SE-2000" manufactured by Nippon Denshoku
Industries Co., Ltd. is used, and the hue of a 50 mm-diameter circular retroreflective
sheet is measured at 5 points according to JIS Z-9117. The results are expressed in XYZcolor system. The mean value of Y values is used as the hue (brightness) of theretroreflective sheet.
[0054](3) W-O-M weatherability
A weatherability test was performed using CXW-B-812501500 manufactured byAtlas Electric Device Company as a weatherability tester according to JIS Z-9117
except for setting the exposure time at 3,000 hours.
55[0055]The above results are summarized in Table 1.
[0056]
Working Example 1[0057]<Preparation of a mold>On a 100 mm square brass plate, the surface of which has been ground flat, the first
direction and the second direction are cut by the fly cutting method with a repetitive
pattern of parallel grooves having a V-shaped cross-section, using a diamond-bit for
which the edge angle is 68.53 degrees so that the repetitive pitch in the first direction
and second direction is 210.88 μm, groove depth is 100 μm, and intersection angle ofthe first direction and the second direction is 58.76 degrees.
[0058]
Subsequently, the third direction is cut as V-shaped parallel grooves by using a
diamond-bit with the edge angle of 71.52 degrees so that the repetitive pitch is 214.92
μm, groove depth is 100 μm, and the intersection angle between the first direction, thesecond direction, and the third direction is 60.62 degrees. Then, a master block whereinmany convex triangular pyramidal cube-corners with the height of 100 μm are provided
on a brass plate in the closest packing state, is formed. The optic axis inclined angle ofthe triangular pyramidal reflective element is + 1 degree. All face angles of three-sided
prism that consists of a triangular pyramid are 90 degrees.
[0059]A concave cube-corner mold, of which the material is nickel, the thickness is 1.0mm, and the figure is reversed, was created using the brass master block by theelectroforming method.
[0060]<Preparation of printing ink>
The following ink composition is stirred and mixed in a bead mill for 5 hours to
prepare white ink with solid content of 19%. The binder that is used for the preparation
is prepared by combining butyl acrylate, acrylic acid, and vinyl acetate with 99 wt.%,
99 wt.%, and 99 wt.%, respectively; a solvent is prepared as mixed solvent of toluene
and ethyl acetate at a ratio of 1:1; and an initiator is prepared by polymerizing benzoyl
peroxide so that the number average molecular weight is 990,000 and dry solid content
is 50 wt.%.
[0061]
Ink binder: 100 wt.%
56

Epoxidized soybean oil: 0.5 wt.%
Titanium oxide: 1.5 wt.%
Precipitated barium sulfate: 1 wt.%
Defoaming agent: 0.1 wt.%
Methyl ethyl ketone: 80 wt.%
Toluene: 50 wt.%
Ethyl acetate: 45 wt.%
[0062]<Preparation of printing film>
The gravure printing is provided using the aforementioned printing ink in the
staggered form with 2 mm-diameter circular printing pattern at 4 mm pitch as shown in
FIG. 4 on an acrylic resin film with a thickness of 70 μm ("Sunduren LHB"
manufactured by Mitsubishi Rayon Co. Ltd.). The printing thickness in this case wasapproximately 2 μm.
[0063]
Further, a printed laminate sheet is obtained by facing the printing surface of theprinting acrylic film inside and providing thermocompression to a polycarbonate resin
sheet with a thickness of 200 μm ("Iupilon H-3000" manufactured by Mitsubishi
Engineering-Plastics Corporation) using a pair of laminate rolls under conditions oftemperate at 200 °C and welding pressure of 30 Kg/m.
[0064]<Preparation of printed reflective sheet>
An in-process product (hereinafter simply referred to as "in-process product"; it is
not shown in the figure) of the printed triangular pyramidal cube-corner retroreflective
sheet is prepared using the aforementioned mold as follows: after providing
compression molding to the aforementioned printed laminate sheet under the conditionsof a molding temperature of 200 °C and molding pressure of 50 Kg/m, it is cooled down
to 30 °C under the increased pressure; the resin sheet is taken out, and the cube-corners
with a thickness of the holder layer of approximately 170 μm are arranged in the closest
packing state on the surface.
[0065]In addition, the in-process product was formed as a sealed structure using athermoplastic polyester resin sheet that is laminated at a thickness of 38 μm on a whitepolyethylene terephthalate film with a thickness of 50 μm and using a convex
honeycomb-shaped sealing mold.
[0066]
57

Further, a printed triangular pyramidal cube-corner retroreflective sheet as shownin FIG. 1 is created by laminating acrylic pressure-sensitive adhesive with a thicknessof 60 μm (Nissetsu KP1818 manufactured by Nippon Carbide Industries Co., Inc.) anda polypropylene separating sheet with a thickness of 100 μm (manufactured by Okura
Industrial Co., Ltd.).
[0067]
Working Example 2[0068]The in-process product prepared in Working Example 1 is placed in a vacuum-based
deposition device consisting of a heater that can melt aluminum with an electric heaterin a graphite crucible that is placed in a vacuum container, which can maintain a vacuumat 9*10-4 mmHg. After pure aluminum pellets with a purity of 99.99 wt.% or higher andgranular metallic titanium are charged at a weight ratio of 100:1 into a graphite crucible,
aluminum atoms are vacuum-deposited and vapored under the conditions of AC voltage
of 3,500 V, a current of 115 A to 120 A, and a batch processing time of 5 minutes. The
vapored aluminum atom provides vapor-deposition to three inclined surfaces of cubecorner reflective elements as a specular reflection layer. The thickness of the aluminum
vapor-deposited film in this case is 1,100 angstroms.
[0069]A printed vapor-deposited triangular pyramidal cube-corner retroreflective sheet iscreated by laminating an adhesive layer and a separating sheet in the same way as
Working Example 1 on the vapor-deposited surface of the vapor-deposited prism roll
sheet.
[0070]
Working Example 3[0071]
A laminated sheet is obtained by providing thermocompression to an acrylic resin
film with a thickness of 70 μm ("Sunduren LHB" manufactured by Mitsubishi Rayon
Co. Ltd.) and a polycarbonate resin sheet with a thickness of 200 μm ("Iupilon H-3000"
manufactured by Mitsubishi Engineering-Plastics Corporation) using a pair of laminate
rolls under conditions of temperature at 200 °C and a welding pressure of 30 Kg/m.
[0072]
Using the aforementioned printing ink prepared in Working Example 1, gravure
printing was provided on a polycarbonate surface in a staggered form with 1 mm diameter circular printing pattern at 3 mm pitch as shown in FIG. 4 . The printing
thickness in this case was approximately 2 μm.
58

[0073]
A compression-mold is provided to this printed laminate sheet under the same
conditions as Working Example 1, so that the printing surface of the sheet comes into
contact with the mold.
[0074]
Further, a vapor deposition-type triangular pyramidal cube-corner retroreflective
sheet is created by the same method as Working Example 1 by providing a sealing
structure and an adhesive layer and providing white printing to part of the prism
reflective surface.
[0075]
Comparative Example 1[0076]A triangular pyramidal cube-corner retroreflective sheet is prepared by printing inthe same way as Working Example 1 except for using the pattern shown in FIG. 6 as a
printing pattern.
[0077]
Comparative Example 2[0078]A triangular pyramidal cube corner retroreflective sheet is prepared by printing inthe same way as Working Example 2 except for using a pattern shown in FIG. 6 as a
printing pattern.
[0079][Table 1]
Working

Working

WorkingComparative

Comparative

Example 1

Example 2

Example 3

Example 1

Example 2

430

615

512

457

534

46

28

25

48

28

Retroreflective
properties
Y value
Appearance after
the weatherability
test

No

No

No

Blister in the

Blister in theabnormality

abnormality

abnormality

printed part

printed part59

[FIG. 1][FIG. 4]

[FIG. 6]60

(Attachment 2)
1. Line 3 through line 8, page 1"Retro-reflective material
This invention relates to retro-reflective material and more particularly, but not
exclusively, retro-reflective material for traffic hazard indicators such as cones andbollards and for road signs and the like."(Translation)「再帰反射材本発明は、再帰反射材及び、より特定して、しかし他を排斥するのではなく、コーンや車止めポールのような交通危険標識や、道路標識やその類のための再帰反射材に関するものである。」
2. Line 9 through line 31, page 1"It is general practice to impart retro-reflective properties to traffic hazard
indicators such as road cones and bollards by placing an appropriate shaped retro reflective sleeve over the cone or bollard. To meet present requirements the sleeve mustat night reflect incident light, for example from the headlights of vehicles, and indaylight the sleeve must appear white. To achieve this the usual construction of sleevematerial comprises a backing, for example of plastics which is coated with a reflecti vematerial. Such as aluminum paint. A layer of adhesive containing a white pigment isapplied over the reflective coating and glass microspheres or beads are partiallyembedded in the adhesive.
Recently it has been proposed that the retro-reflectivity of such sleeves should be
increased. It is the case that the white pigment in the adhesive in the above described
assembly reduces the retro-reflectivity. Retro-reflectivity can be improved if the amountof white pigment in the adhesive is reduced but the consequence of that modification isthat the material no longer has a sufficiently white appearance in daylight."(Translation)「一般的な慣行として、道路コーンや車止めポールを覆う適切な形状の再帰
反射スリーブを装着することで、道路コーンや車止めポールなどの交通危険標
識に再帰反射特性が与えられている。現在の必要条件に適合するためには、ス
リーブは、夜間には例えば自動車のヘッドライトからの入射光を反射しなければならず、日光の下ではスリーブが白く見えなければならない。これを実現するために、スリーブ材の通常の構造は、例えば、アルミニウム塗料のような反射性材料でコーティングされたプラスチックの裏材を有している。白色顔料を含む接着剤層は、反射コーティングの上に塗布され、ガラスの微小球又は球は、接着剤に部分的に埋め込まれている。最近では、そのようなスリーブの再帰反61

射性を増加させるべきことが提案されている。上記の組立体の接着剤中の白色顔料が、再帰反射性を低下させることは事実である。もし、接着剤中の白色顔料の量が減らされると、再帰反射性を向上させることができるが、その変更の結果、その材料は、日光の下で十分に白い外観 を持たなくなる。」
3. Line 34 through line 47, page 1"According to the invention there is provided a retro-reflective material comprisinga backing, a retro-reflective coating on said backing, glass microspheres attached tosaid retro-reflective coating, wherein said coating is or appears incomplete and whitecolour being provided in the part or parts where the coating is or appears to be absent.
With the invention, therefore, white pigmented material is not applied uniformly over
the retro-reflective coating but is provided over parts only of the coating. These parts
may be discrete or interconnected areas such as spots or lines or other shapes and they
may be regularly or irregularly distributed over the assembly."(Translation)「本発明により、裏材、前記裏材上の再帰反射コーティング、前記再帰反射
コーティングに取り付けられたガラス微小球を有する再帰反射材が提供され、ここで、前記コーティングは不完全であるか、又は不完全であるように見えてもよく、コーティングが欠けているか、又は欠けているように見える部分ある
いは複数の部分には白色が付与されている。
したがって、本発明では、白色に着色された材料は、再帰反射コーティングの上に均一に塗布されるのではなく、コーティングの複数の部分の上にのみに付与される。これらの複数の部分は、複数の点、複数の線、あるいはその他の形状のような分離した複数の領域又は相互に連結した複数の領域であってもよく、それらは、組立品の上に規則的に又は不規則的に分布してよい。」
4. Line 48 through line 53, page 1"There are various ways in which the white colour can be incorporated in thematerial of the invention. For example the white colour can be printed on one or bothsides of a transparent or translucent cover sheet which extends over the retro -reflective
coating."(Translation)「本発明の材料に白色を組み込むことができる様々な方法がある。例えば、白色は、再帰反射コーティングを覆う透明又は半透明のカバーシートの片面又は両面に印刷され得る。」
5. Line 60 through line 66, page 1"The glass microspheres should be attached to the retro-reflective coating so thatthey do not penetrate completely therethrough. To ensure that that does not happen the62retro-reflective coating can be formed in two layers, the secondlayer being applied after
the first layer has dried and the microspheres beingattached to the second layer."(Translation)「ガラス微小球は、再帰反射コーティングを完全に貫通することがないように、再帰反射コーティングに取り付けられなければならない。そのようなことが起こらないようにするため、再帰反射コーティングが２層で形成され、第１の層が乾燥した後に第２の層が塗布され、ガラス微小球が第２の層に取り付けられる。」
6. Line 74 through line 83, page 1"Referring to the drawing the retro-reflective material comprises a backing 10
which may be flexible or rigid and is preferably of plastics such as polyvinyl chloride.
A layer 12 of retro-reflective material is applied to one side of the backing. The coating
may be formed from any suitable retro-reflective 15 material such as aluminium paintwhich can be sprayed, coated or otherwise applied onto the backing. A second layer 14of retro-reflective material is applied over the first layer 12."(Translation)「図面を参照すると、再帰反射材は、柔軟性又は剛性があり、好ましくはポ
リ塩化ビニルなどのプラスチック製の裏材１０を有する。
裏材の片面には、再帰反射材料の層１２が塗布されている。コーティングは、裏材にスプレー、コーティング、又はその他の方法で塗布することができるア
ルミニウム塗料など、任意の適切な再帰反射材料から形成してもよい。第１の層１２の上には、再帰反射材料の第２の層１４が塗布されている。」
7. Line 88 through line 94, page 1"Glass microspheres 16 of the kind commonly used in retro-reflective assemblies
are attached to the second layer 14. Preferably the second layer is formed from a liquid,
and while the layer is still liquid the glass microspheres are partially embedded therein.
When the second layer dries the glass microspheres are firmly secured to the second
layer."(Translation)「再帰反射組立体で一般的に使用される種類の複数のガラス微小球１６が、第２の層１４に取り付けられる。好ましくは、第２の層は液体から形成され、この層がまだ液体であるうちに、ガラス微小球がその中に部分的に埋め込まれる。第２の層が乾燥すると、ガラス微小球は第２の層にしっかりと固定される。」
8. Line 95 through line 98, page 1"A two layer construction of retro-reflective coating is not essential. A single layer
can be used provided that the microspheres do not penetrate through 15 the layer."63

(Translation)「再帰反射コーティングの２層構造は必須ではない。微小球に層を貫通させないことを条件として、単一層を使用することができる。」
9. Line 99 through line 114, page 1"A transparent or translucent cover layer 18 is disposed over the second layer 16.
Preferably the cover layer 18 is not attached or secured to the rest of the assembly
except adjacent to the edges of the piece of material. Part of the cover layer is coloured
white. The white colouration can be provided on one or both sides of the cover layer.
Alternatively the white colour can be applied directly onto the retro-reflective coating
14 before the microspheres are attached thereto or the retro-reflective coating can be
discontinuous to expose the backing. The backing can itself be coloured white or whitecolour can be applied to the exposed parts of the backing. The white coloured part canbe in a random or uniform pattern, for example in the form of dots, lines or other regularor irregular shapes."(Translation)「透明又は半透明のカバー層１８が、第２の層１４の上に設けられている。
好ましくは、カバー層１８は、材料片の端部に隣接する部分を除いて、組立体の残りの部分に取り付けられず、又は固定されていない。カバー層の一部は白色に着色されている。白色の着色は、カバー層の片面又は両面に付与することができる。代わりに、微小球をそこに取り付ける前に、再帰反射コーティング
１４の上に白色が直接塗布されてもよく、又は、再帰反射コーティングが、裏材を露出するように、不連続とされてもよい。裏材自体が白色に着色されてもよく、又は、白色が裏材の露出部分に塗布されてもよい。白色に着色された部
分は、例えば、複数の点、複数の線、又は他の規則的又は不規則な形状による、
ランダム又は均一なパターンであり得る。」
10. Line 115 through line 123, page 1"In order that assembly should have the requisite reflectivity the white 20 colour
must not obscure or attenuate more than a limited amount of the retroreflectivity of theretro-reflective coating. However, sufficient white colour mustbe present such that thematerial appears white in daylight. Generallysatisfactory assemblies are obtained withfrom 10 to 20%, preferably from 12 to17%, of the area of the material coloured white."(Translation)「組立体に必要な反射性を持たせるためには、白色が再帰反射コーティングの再帰反射性を一定限度以上に不明瞭にしたり、減衰させたりしてはならない。
しかしながら、材料が日光の下で白色に見えるように、十分な白色が存在しなければならない。一般に、満足な組立体は、材料の面積の１０～２０％、好ま64

しくは１２～１７％が白色に着色されたもので得られる。」
11. Line 128, page 1 through line 15, page 2"CLAIMS
1. A retro-reflective material comprising a backing a retro-reflective coating on saidbacking, glass microspheres attached to the said retro-reflective coating, wherein said
coating is or appears incomplete there being white colour provided in the part or parts
where the coating is or appears to be absent.
2.A retro-reflective material as claimed in Claim1, wherein the white colour is provided
over the retro-reflective coating.
3. A retro-reflective material as claimed in Claim1 or Claim2 wherein the white colour
is applied directly onto the retro-reflective coating.
4. A retro-reflective material as claimed in Claim1 or Claim2, wherein the white colour
is provided on a cover sheet which extends over the retro-reflective coating."(Translation)「特許請求の範囲
１．裏材、前記裏材上の再帰反射コーティング、前記再帰反射コーティングに取り付けられたガラス微小球を含む再帰反射材であって、前記コーティングが不完全であるか、又は不完全であるように見え、前記コーティングが欠けているか又は、欠けているように見える、部分又は複数の部分に白色が付与されている、再帰反射材。
２．白色が再帰反射コーティングの上に付与されている、請求項１に記載の再帰反射材。
３．白色が再帰反射コーティングの上に直接塗布されている、請求項１又は２に記載の再帰反射材。
４．白色が再帰反射コーティングの上に広がるカバーシートに付与されている、
請求項１又は２に記載の再帰反射材。」
12. Figure

65

(Attachment 3)
1. Line 4 through line 9, page 1"Light reflector plate and manufacturing method thereof
The present invention is related to a retroflector plate and its manufacturing method.
A reflective traffic sign consisting of a metallic sheet coated with reflective film toincrease traffic safety at night is well known."
2. Line 13, page 1 through line 7, page 2"Preferably, if a reflector plate is provided to vehicles, vehicles can be recognizedfrom a distance even in traffic at night. In particular, preferably, if a number plate of avehicle is reflected, the vehicle can be identified by its number plate even at night whenthe vehicle is illuminated. A number plate that has been considered to be publiclyknown is a non-reflective aluminum sheet coated with lacquer. In cases of using said
number plate, letters and/or numbers are embossed convexly, and then the convex
surface is usually coated with black lacquer."
3. Line 8 through line 12, page 2"The problem of the present invention is to provide a retroreflective surface andplate in order to increase traffic safety at night and increase the visibility of trafficroutes and traffic control devices, along with the visibility of vehicles."
4. Line 12 through line 14, page 2"In addition, the problem of the present invention is to provide a method tomanufacture said reflector surface and plate."
5. Line 15, page 2 through line 3, page 3"A retroreflective surface and plate based on the present invention consist of areflector plate and are characterized by the following: the reflector plate has a plastic
plate; wherein its visible surface is smooth; for which the back surface has a triangularprism or equivalent reflective element formed by the optical accuracy and consists, forexample, of silver, aluminum, copper, chrome, nickel, etc. and is covered with areflective layer provided with reflective coating; and on the visible surface of thereflector plate, letters and/or numbers, or other codes are engraved, embossed , orattached.
The triangular prism forms an upside-down triangular pyramid. However, otherprism systems can also be used for light reflection."
6. Line 4 through line 7, page 3"As a result of developing the concept of the present invention in particular, thereflector plate of the present invention is used as a number plate of a vehicle. In thiscase, the codes are in a color different from that of the reflector plate in which codes66

are not included."
7. Line 8 through line 21, page 3"According to the intrinsic characteristics of the present invention, codes areembossed convexly on the visible surface of the reflector plate. In cases of a reflective
number plate manufactured by this method, the reflective plate of the present invention
is embossed in the same method as publicly-known aluminum plates. The embossed
codes become prominent from the reflector's surface and are then usually coated withblack lacquer. Therefore, manufacturers of publicly-known number plates do not
require a new embossing device and are not required to change the embossing methodof number plates and the subsequent processes. In cases of a reflector plate of thepresent invention, and if, for example, it is necessary to provide lacquer coating to or
bonding to the codes, the plate manufacturers are required to establish a new operation
process."
8. Line 22, page 3 through line 5, page 4"In cases where a reflector plate of the present invention is embossed, a triangularprism that is provided at the back of convex codes is crushed, and therefore, convex
codes no longer reflect. In cases of a number plate, convex codes on the surface arecolored and coated by lacquer, and this point does not become a problem from theperspective of the reflection rate."
9. Line 6 through line 24, page 4"In cases of a number plate, when embossing codes on the reflector plate with thepresent invention, the triangular prism will be crushed. This is a significant advantage
over existing number plates. In cases of a conventional number plate, the prominent
part of a lacquer-coated aluminum sheet is returned to the original position by hittingor pushing out appropriately, and therefore, it does not leave a definitive trace. On theother hand, this does not apply to a reflector with the present invention. This is becauseeven if the prominent part is pushed back, the crushed triangular prism at the back of
the codes remains crushed. When the reflector plate with the present invention is formed
as a number plate, it is impossible to make changes to the embossed codes withoutleaving a definitive trace. It means that there is no possibility of fabrication at all. E ven
if embossed codes are pushed back to flat again, since this part does not reflect a prism,
the position and outline of the codes can always be confirmed. If another code isembossed at the same point, since said other code does not match the previous c ode
completely, fabrication of the number plate can be identified."
10. Line 1 through line 5, page 5"The embossing of codes on a reflector plate with the present invention can be67

performed not by crushing the prism provided at the back of the codes, but by crushingother prisms of the reflector plate. In this case, codes alone reflect."
11. Line 6 through line 16, page 5"According to the present invention, codes can also be engraved in a concave shapeon the visible surface of the reflector plate and the visible surface around the codes canbecome prominent by engraving. According to another characteristic feature of thepresent invention, it is possible to emboss or engrave the outline of codes alone on thevisible surface. In this solution, since prisms located in the outline area of codes alone
are crushed by embossing, the outline of the codes does not reflect; however, most of
the prisms located at the back of the codes remain without change. Therefore, the codes
reflect."
12. Line 1 through line 22, page 7"In an example of vehicle number plates, in order to show the visible surface that is
not embossed in white and opaque in daylight, many white dots in the form of the'Raster' can be printed on the visible surface of the reflector plate. A 'Raster' is created
so that reflected light is transmitted at the predetermined percentage. When a 'Raster' iscreated in an opaque and light impermeable color, reflected light passes the gaps of the'Raster,' and therefore, it does not absorb the color of the 'Raster.' Coloration of thereflector plate and the color of the 'Raster' are made so that the color of the visible
surface conforms to the 'Raster' in daylight, in other words, the color looks as though it
conforms to the 'Raster.' On the other hand, the color of the reflector plate can beselected so that it looks as though it conforms to the coloration of the plastic at night.
For example, the reflector plate can be manufactured so that it looks black in daylightand it looks white at night.
Based on another characteristic feature of the present invention, in order todistinguish codes and the visible surface of the reflector plate that does not include thecodes by color, one side of the surface can be coated with transparent lacquer whichmakes the reflected light look in a corresponding color."
13. Line 1 through line 11, page 9
All surfaces of a reflector plate can be provided with a lacquer coloring layer. Whenembossing the reflector plate, embossed convex codes can be polished using a sim ple
method. Therefore, the coloring layer of the convex codes is removed, while thecoloring layer of non-convex reflector plates remains without any change. The coloringlayer consists of lacquer, foil, plastic, and various other materials and the layer c an becoated by an injection molding method or can be inserted in the injection mold of thereflector as a plastic plate."
6814. Line 12 through line 27, page 9"In order to create a contrast of color between the embossed reflective surface andnon-embossed reflective surface, a coloring sheet or code can be manufactured by using
the same or similar (transparent or opaque) plastic by the injection molding method, orby punching a flat plate (foil, etc.) and inserting it into an injection mold, and, in
addition, they can subsequently be attached to the reflector. They can also be
manufactured by inserting the reflector into a mold of coloring codes into which plastic
is injected. All transparent or opaque colored lacquer coating on the visible surface ofa reflector plate that is stated can be replaced with printed transparent foil. The foil isbonded with plastic materials of the reflector surface by bonding on the visible surfaceof the reflector or by, for example, inserting into a mold when implementing i njection
molding of the reflector."
15. Line 6 through line 8, page 11"FIG. 12: A reflector plate in FIG.11; Figure of additional process after embossing
the visible surface of the reflector"
16. Line 1 through line 10, page 12"FIG. 1 shows the vehicle plastic number plate 10. The materials of the plate 10 arelight transmissive. The back surface of plate 10 has a triangular prism that is formed
based on optical accuracy and is coated with a metallic layer. When the visible s urface
11 of the plate 10 is illuminated at night, it reflects light. Therefore, a vehicle equippedwith the plate 10 can be confirmed on the traffic routes at night at a distance. Letters,
numbers, and other codes are prominent in a convex form on the visible surface 11 of
the plate 10."
17. Line 16, page 14 through line 2, page 15"According to FIG. 11, the coloring layer 35 consisting of lacquer, membrane, andplastic was provided on the entirety of the visible surface 34 of the reflector plate during
or after the casting or injection molding process. The coated plate is embossed, likereflector plate 14 in FIG. 3 and FIG. 4. Subsequently, the embossed front surface of thecode 36 of the layer 35 is polished by the rotary disc 37 and, in accordance with thisprocess, the reflector plate 34 thus coated can be transferred in the direction of the arrow
38. Then, the coloring layer of the convex code 36 is eliminated, and, on the other hand,the coloring layer of the non-convex surface is maintained."
18. FIG. 1

69

19. FIG. 3

20. FIG. 4

7021. FIG. 11 and FIG. 12

71

(Attachment 4)[Detailed explanation of the invention][0001][Industrial applicability] The present invention relates to a triangular pyramidal cube corner retroreflective sheet having a novel structure. More particularly, the present
invention relates to a triangular pyramidal cube-corner retroreflective sheet on which
triangular pyramidal reflective elements having a novel structure are arranged in theclosest packing state.
[0002] Particularly, the present invention is related to a triangular pyramidal cube corner retroreflective sheet that is comprised of a triangular pyramidal cube -corner
retroreflective element (hereinafter simply referred to as a "triangular pyramidalreflective element" or simply "element" in some cases) that is useful for signs, such as
road signs, construction signs, etc.; number plates for vehicles, such as automobiles andmotorcycles, etc.; safety materials for clothing and life-saving devices, etc.; andreflector plates, etc. of markings for commercial signs, etc., visible lights, laser beams,
or infrared reflection type sensors.
...
[0006][Prior art] A retroreflective sheet that reflects incident light towards the light source iswell known. Said sheets using the retroreflective properties are widely used in the
aforementioned areas. In particular, a retroreflective sheet that uses the retroreflection
principle of cube-corner retroreflective elements, such as triangular pyramidalreflective elements, etc. has a dramatically excellent light retroreflective efficiency
compared to conventional retroreflective sheets that use micro glass spheres. Thanks tothe excellent retroreflective performances, the use of retroreflective sheets is expanding
year by year.
[0007] However, conventional publicly-known triangular pyramidal retroreflective
elements show good retroreflective efficiency within a range where the angle between
the optic axis of elements (the axis that passes through the vertex of the triangularpyramid at an equivalent distance from three inclined surfaces (surface a, surface b,
surface c) that consist of triangular pyramidal cube-corner retroreflective elements andintersect each other at a 90-degree angle) and the incident light (hereinafter, the angle
is referred to as the "incident angle") is small based on the reflection principle; however,as the incident angle increases, the retroreflective efficiency rapidly decreases (in otherwords, the incident angle property decreases).
...
72

[0012] On the other hand, triangular pyramidal retroreflective elements can reflect thelight in the incident direction of light over nearly the entire surface of the elements.
Therefore, reflected light does not reflect by diffusing in a wide angle due to sphericalaberration, like micro glass sphere-type retroreflective elements, etc. However, inpractice, for example, when the light from a vehicle head lamp is retroreflected by atraffic sign, the narrow diffusion angle of the retroreflected light may easily cause aninconvenience, such as being difficult to reach a person who is in a distant position
from the optical axis, for example, the eyes of a vehicle driver. In particular, when the
distance between a vehicle and a traffic sign is reduced, the angle (observation angle)
between the light incident axis and the axis connecting the vehicle driver and thereflecting point (observation axis) increases, and therefore, said inconvenience
increases (in other words, the observation angle property becomes inferior).
...
[0024][Problems to be solved by the invention] As a basic optical property generally desiredof a triangular pyramidal cube-corner retroreflective sheet, the wide-angle property isrequired in addition to high luminance, that is, the level of reflection lumin ance that isrepresented by the reflection luminance of the incident light from the front of the sheet.
Moreover, concerning the wide-angle property, three performance properties, including
observation angle property, incident angle property, and rotation angle property, arerequired.
[0025] As stated above, all conventional publicly-known retroreflective sheets
comprised of triangular pyramidal cube-corner retroreflective elements had lessincident angle property and their observation angle property was not generally
satisfactory. The present inventor found, based on light-trace simulation, that by setting
the height (h') from the flat surface (X-X') including the many bases (x, x, ....) sharedby the triangular pyramidal retroreflective elements provided at symmetrical positions
from each other to the vertexes of the elements (H1, H2), substantially larger than theheight (h) from the surface (Z-Z') containing the base (z, w) of two surfaces (surface a,surface b) that substantially intersect at the right angle with surface c, which has one of
the aforementioned shared bases of the triangular pyramidal reflective elements as oneof its side, the incident angle property of a retroreflective sheet comprised of said
triangular pyramidal reflective elements can be improved; and the present inventor filed
a patent. (Patent Application No. 1996-295907) ...
...
[0136] Next, a triangular pyramidal cube-corner retroreflective sheet with negative73

inclination, which is the preferred structure of the triangular pyramidal cube-corner
retroreflective sheet in the present invention, is explained by referring to FIG. 14, which
is a cross-section view thereof.
[0137] In FIG. 13, (1) is a reflective element layer wherein triangular pyramidalreflective elements (R1, R2) of the present invention are arranged in the closest packing
state; (2) is a holder layer for holding the reflective elements; and (10) is the incident
direction of light. The reflective element layer (1) and the holder layer (2) are usually
integrated; however, they can be laminated as separate layers. Based on the objective
and environment for the use of the retroreflective sheet in the present invention, thesurface protective layer (4), the printing layer (5) for communicating information to theobserver or coloring the sheet, the bonding material layer (6) for achieving the sealing
structure to prevent water from entering into the back surface of the reflective element
layer, the air layer (3) surrounded by the reflective element layer (1) and the bonding
material layer (6) for guaranteeing retroreflection at the interface of the reflective
element, the holder layer (7) for supporting the bonding material layer (6), and theadhesive agent layer (8) and the separating material layer (9) that are used to attach t heretroreflective sheet to another structure can be provided.
[0138] The same resin as used for the retroreflective element layer (1) can be used forthe surface protective layer (4). However, for the purpose of improving theweatherability, ultraviolet absorbers, light stabilizers, antioxidants, and other agents canbe used alone or in combination respectively. Further, various organic pigments,
inorganic pigments, dyes, and other items may be contained as coloring agents.
[0139] The printing layer (5) can usually be provided between the surface protective
layer (4) and the holder layer (2), on the surface protective layer (4), or on the reflective
surface of reflective element (1) and can be provided usually by means of gravure
printing, screen printing, and ink jet printing, etc.
[0140] The materials constituting the aforementioned reflective element layer (1) andthe holder layer (2) are not particularly limited as long as the materials satisfy flexibility,
which is one of the objectives of the present invention; however, the materials with
optical transparency and uniformity are preferred. As examples of materials that can beused in the present invention are the following: polycarbonate resin, vinyl chloride resin,(meth)acrylic resin, epoxy resin, styrene resin, polyester resin, fluorine resin, olefin
resin, such as polyethylene resin and a polypropylene resin, etc., cellulose resin, and aurethane resin, and others.
[0141] The reflective element layer (1) in the present invention is generally provided
with the air layer (3) at the back surface of a cube-corner retroreflective element for the74purpose of increasing the critical angle satisfying all the internal reflection conditions.
In order to prevent a defect, such as decreases in critical angle due to the entry ofmoisture under the use conditions, corrosion of a metallic layer, etc., the reflective
element layer (1) and the holder layer (7) are preferably sealed by the bonding agent
layer (6). As a sealing method, a method described in US Patent No. 3,190,178, US
Patent No. 4,025,159, and Japanese Unexamined Utility Model Application Publication
No. 1975-28669 can be used. Examples of the resin used for the bonding agent layer(6) are (meth)acrylic resin, polyester resin, alkyd resin, epoxy resin, and other resins.
As a bonding method, a publicly-known thermal adhesiveness resin bonding method,
thermosetting resin bonding method, ultraviolet curable resin bonding method, electron
beam curable resin bonding method, etc. can be used as necessary.
[0142] The bonding agent layer (6) that is used for the present invention can be coatedon the whole area of the holder layer (7) and can be provided selectively to the bondingparts with the retroreflective element layer by the printing method, etc.
[0143] As an example of the material constituting the holder layer (7), resin comprisingof the retroreflective element layer, resin that can form general films, textiles, fabrics,
and metallic foils or plates, such as stainless or aluminum, etc., can be used alone or in
combination respectively.
...
[0160] With this, the retroreflective sheet in the present invention can improve the wideangle property of the observation angle property, incident angle property, rotation angle
property, etc. in addition to high luminance, which is a basic optical property generally
desired for a triangular pyramidal cube-corner retroreflective sheet, in other words, thelevel of reflection luminance represented by the reflection luminance of the incident
light from the front of the sheet.

75

[FIG. 13]76