Patent

Date

October 6, 2021

Court

Right

Case

2020 (Gyo-Ke) 10103

Intellectual Property High
Court, Third Division

number- A case in which the court ruled that, concerning whether a person skilled in the art
could have easily conceived of the invention by applying the secondary prior art tothe primary prior art, if the technology fields of the primary prior art and thesecondary prior art cannot be said to be completely consistent but are only closely
related, there must be a reasonable motivation for adopting the secondary prior art
for the primary prior art; and then, the court ruled that the Japan Patent Office (JPO)
erred in finding problems of the primary prior art and that it is not found that the
primary prior art shares problems with the secondary prior art and a motivation for
adopting the latter for the former cannot be found; and the court determined that there
was an error in the decision of the JPO to the effect that a person skilled in the art
could have easily conceived of the invention by applying the secondary prior art tothe primary prior art.
Case type: Rescission of Trial Decision of Invalidation
Result: Granted
References: Article 29, paragraph (2) and Article 123, paragraph (1), item (ii) of the
Patent Act
Related rights, etc.: Patent No. 5608827. Invalidation Trial No. 2019-800025
Summary of the Judgment
1. The Plaintiff is the patent holder of the patent (Patent No. 5608827; filed on January
27, 2014; establishment of registration on September 5, 2014; Number of claims: 2;
hereinafter referred to as the "Patent") related to an invention titled "Multicolor
penlight." The Defendant requested a trial for invalidation of the Patent (Invalidation
Trial No. 2019-800025) and the Plaintiff requested correction of Claims 1 and 2. The
JPO approved the correction and made the decision to invalidate the patent s for theinventions related to Claims 1 and 2. Therefore, the Plaintiff filed this lawsuit to seek
rescission of this decision of the JPO (the "JPO Decision").
2. In this judgment, the court stated as follows: in the determination on inventive steps,
secondary prior art or well-known technical matters corresponding to differences
between the invention related to claims and the primary prior art are necessary, and thepresence of a motivation or the suggestion to apply the secondary prior art or wellknown technical matters to the primary prior art is necessary. For this purpose, first,
ithere must be a relationship in the technology fields between the primary prior art andthe secondary prior art or well-known technical matters. In cases where the technology
fields of the primary prior art and the secondary prior art or well-known technicalmatters are not completely consistent, but are only closely related, since the relationshipbetween the technology fields is relatively weak, it cannot be immediately said that it
is easy to adopt the secondary prior art or well-known technical matters for the primaryprior art. In order to say that it is easy, there must be reasonable motivation for adopting
the secondary prior art or well-known technical matters for the primary prior art.
Then, in this judgment, the court determined as follows: the JPO erred in finding
the problem of the Exhibit Ko 1 Invention which serves as a basis for the motivation
for adopting the technical matters stated in Exhibit Ko 2 (the secondary prior art) for
Exhibit Ko 1 Invention (the primary prior art); in addition, in consideration of thedetails of the technical matters stated in Exhibit Ko 2 and the relationship of technology
fields between Exhibit Ko 1 Invention and the technical matters stated in Exhibit Ko 2,
it is not found that Exhibit Ko 1 Invention shares the problem with the technical mattersstated in Exhibit Ko 2 and, for this reason, it is not found that there is the motivation
for adopting the technical matters stated in Exhibit Ko 2 for Exhibit Ko 1 Invention;
therefore, it is not found that a person skilled in the art could have easily conceived of
the configuration of Invention 1 related to the difference between Invention 1 stated in
Claim 1 and Exhibit Ko 1 Invention by adopting the technical matters stated in Exhibit
Ko 2 and well-known problem for Exhibit Ko 1 Invention; and there is an error in thedetermination of the JPO Decision to the effect that a person skilled in the art could
have easily conceived of the configuration of Invention 1.

ii

Judgment rendered on October 6, 2021
2020 (Gyo-Ke) 10103, Case of seeking rescission of the JPO decision
Date of conclusion of oral argument: July 26, 2021
Judgment
Plaintiff: TurnON co., ltd.

Defendant: Ruifan Japan Ltd.

Main text
1. The decision made by the Japan Patent Office (JPO) on July 28, 2020, concerning
Invalidation Trial No. 2019-800025, shall be rescinded.
2. The Defendant shall bear the court costs.
Facts and reasonsNo. 1 Claim
Same as the main text.
No. 2 Outline of the case
1. Outline of procedures at the JPO(1) The Plaintiff is a patent holder of the patent (Patent No. 5608827; filed on January
27, 2014; establishment of registration on September 5, 2014; Number of claims: 2;
hereinafter referred to as the "Patent") related to an invention titled "Multicolor
penlight" (Exhibit Ko 25).
(2) The Defendant filed a request for a trial for invalidation of the Patent with the JPO
on March 19, 2019, and the JPO examined it as Invalidation Trial No. 2019-800025(hereinafter referred to as the "Invalidation Trial").
The Plaintiff requested correction of Claims 1 and 2 based on the written request
for correction dated March 23, 2020.
The JPO rendered a trial decision on July 28, 2020 with the following conclusion:"Correction of the claims of Patent No. 5608827 to Claims [1, 2] after correction as
stated in the claims attached to the written request for correction shall be approved. The
patents for the inventions related to Claims 1 and 2 of Patent No. 5608827 shall be
invalidated. The demandee shall bear the trial costs." (hereinafter this decision is1referred to as the "JPO Decision"; the JPO Decision is as indicated in the Attachment,
Trial Decision (copy)) and a certified copy was delivered to the Plaintiff on August 6,
2020 (hereinafter the correction approved by the JPO Decision is referred to as the"Correction").
(3) The Plaintiff filed this lawsuit to seek rescission of the JPO Decision on September
4, 2020.
2. Statement of the claims
The statements of Claims 1 and 2 after the Correction are as shown below(hereinafter the invention stated in Claim 1 after the Correction is referred to as"Invention 1"; the invention stated in Claim 2 after the Correction is referred to as"Invention 2"; and Invention 1 and Invention 2 are correctively referred to as the"Invention").
(1) Claim 1
A multicolor penlight characterized as follows:
where it consists of a light emitting unit covered with a cover for illuminating emission
colors and a grip unit,
where the aforementioned grip unit consists ofa light source comprised of a red light-emitting diode, a green light-emitting diode,a blue light-emitting diode, a yellow light-emitting diode and a white light-emitting
diode anda control means to singly control the light emission of each light-emitting diode ofthe light source;
where the grip is configured to obtain a specific emission color by activating any
single light emitting diode or multiple light emitting diodes using the aforementioned
control means;
where more than one of the aforementioned specific emission colors can be obtained,
where the aforementioned number of specific light emission colors greater than one
include at least an emission color obtained from light singly emitted from the whitelight-emitting diode, an emission color obtained by mixing the aforementioned lightemitted from the white light-emitting diode and light emitted from one or two of theother light-emitting diodes, an emission color obtained from light singly emitted fromthe yellow light-emitting diode, or an emission color obtained by mixing the
aforementioned light emitted from the yellow light-emitting diode and light emitted
from one or two of the other light-emitting diodes;
where the aforementioned emission colors obtained from the white light-emitting
diode are a white emission color obtained through single emission of the white light 2

emitting diode, and an emission color obtained by mixing light emitted from the whitelight-emitting diode and light emitted from one or two of the other light -emitting
diodes;where the aforementioned emission colors obtained from the yellow light-emitting
diode are a yellow light emission color obtained through single emission of the yellow
light-emitting diode, and an emission color obtained by mixing light emitted from theyellow light-emitting diode and light emitted from one or two of the other light-emitting
diodes;where an emission color auxiliary means for condensing light emitted from each of
the aforementioned light-emitting diodes, mixing their colors, and illuminating thesides and entire top of the cover with the obtained emission color is installed near the
aforementioned light source in order to cover the light source;
and where a dry cell or a button cell is used as a power source.
(2) Claim 2
The multicolor penlight stated in Claim 1, wherein the aforementioned light source
has light-emitting diodes of colors other than the aforementioned light-emitting diodes.
3. Summary of the JPO Decision(1) Reason for invalidation
In the Invalidation Trial, the Defendant alleged the following reasons forinvalidation (No. 4, 1. (1) through (4) of the JPO Decision [pages 7 and 8 of the JPO
Decision]).
A. Grounds for Invalidation 1
Invention 1 could have been made by a person skilled in the art based on theinvention stated in Exhibit Ko 1 and technical matters stated in Exhibits Ko 2 through20, and therefore, a patent cannot be granted to Invention 1 pursuant to the provisionsof Article 29, paragraph (2) of the Patent Act and the patent falls under Article 123,
paragraph (1), item (ii) of said Act and should be invalidated.
B. Grounds for Invalidation 2
Invention 1 could have been made by a person skilled in the art based on theinvention stated in Exhibit Ko 1 or the invention stated in Exhibit Ko 1 and technicalmatters stated in Exhibits Ko 21 and 22, and therefore, a patent cannot be granted toInvention 1 pursuant to the provisions of Article 29, paragraph (2) of the Patent Act andthe patent falls under Article 123, paragraph (1), item (ii) of said Act and should beinvalidated.
C. Grounds for Invalidation 3
Invention 2 could have been made by persons skilled in the art based on the3

invention stated in Exhibit Ko 1 and technical matters stated in Exhibits Ko 2 through20, and therefore, a patent cannot be granted to Invention 2 pursuant to the provisionsof Article 29, paragraph (2) of the Patent Act and the patent falls under Article 123,
paragraph (1), item (ii) of said Act and should be invalidated.
D. Grounds for Invalidation 4
Invention 2 could have been made by a person skilled in the art based on theinvention stated in Exhibit Ko 1 or the invention stated in Exhibit Ko 1 and technicalmatters stated in Exhibits Ko 21 and 22, and therefore, a patent cannot be granted toInvention 2 pursuant to the provisions of Article 29, paragraph (2) of the Patent Act andthe patent falls under Article 123, paragraph (1), item (ii) of said Act and shou ld beinvalidated.
(2) Findings of the prior arts and comparison with the Invention
A. Exhibit Ko 1 Invention
The invention stated in Exhibit Ko 1 that is found by the JPO Decision (hereinafterreferred to as "Exhibit Ko 1 Invention") is as described below (No. 6, 1. (1) C of the
JPO Decision [pages 25 and 26 of the JPO Decision]).
A button cell-type penlight consisting of:a cylinder producing colors and a grip, where the cylinder is attached to the grip;
where the grip consists ofa light source equipped with four LEDs with White color in addition to three
primary colors, R (Red), G (Green), and B (Blue) anda push switch, which turns lights on and off if it is held down and which changes
emission colors whenever it is pressed in order from red, dark red, blue, light blue, aqua
blue, yellow, light yellow, orange, green, light green, emerald green, pink, peach, cherrypink, violet, lavender purple, and white and then starts again from red, and which isplaced on the side surface of the grip; where all colors including R (Red), G (Green), B(Blue) and White turn on for white color, and the White LED turns on for light blue,
aqua blue, light yellow, light green, emerald green, peach, and cherry pink;when mixing emission colors, in cases of producing red color, green color, or blue
color, at least the R (Red) LED, G (Green) LED, or B (Blue) LED is lit brighter thanthe other three LEDs, respectively; and in cases of producing white color, all four LEDs
are lit;where the penlight is configured so that it condenses four LED lights, mixes their colors,and covers the light source with a lens and diffusion sheet;
and where a button cell is used as a power source.
B. Comparison between Invention 1 and Exhibit Ko 1 Invention
4

The common features and differences between Invention 1 and Exhibit Ko 1
Invention found by the JPO Decision are as described below (No. 6, 2., 2-1, (1) of the
JPO Decision [pages 45 and 46 of the JPO Decision]).
(A) Common features
A multicolor penlight consisting of:a light emitting unit covered with a cover for illuminating emission colors and a grip
unit,
where the aforementioned grip unit consists ofa light source comprised of a red light-emitting diode, a green light-emitting diode,a blue light-emitting diode and a white light-emitting diode anda control means to singly control the light emission of each light-emitting diode ofthe light source;
where the grip is configured to obtain a specific emission color by activating any
single or multiple light emitting diodes using the aforementioned control means;
where more than one of the aforementioned specific emission colors can be obtained,
where the aforementioned multiple light emission colors include at least an emission
color obtained by mixing light emitted from the white light-emitting diode and lightemitted from one or two of the other light-emitting diodes;
where the emission colors obtained from the white light-emitting diode are emission
colors obtained by mixing light emitted from the white light-emitting diode and lightemitted from one or two of the other light-emitting diodes;
where an emission color auxiliary means for condensing light emitted from each of
the light-emitting diodes, mixing their colors, and illuminating the cover with theobtained emission color is installed near the light source in order to cover the lightsource;and where a dry cell or a button cell is used as a power source.
(B) Difference 1
Invention 1 is composed as follows: it consists of "a red light-emitting diode, agreen light-emitting diode, a blue light-emitting diode, a yellow light-emitting diodeand a white light-emitting diode"; "includes at least all of the following: an emission
color obtained from light singly emitted from the white light-emitting diode, anemission color obtained by mixing light emitted from the white light -emitting diodeand light emitted from one or two of the other light-emitting diodes, an emission color
obtained from light singly emitted from the yellow light-emitting diode, or an emission
color obtained by mixing light emitted from the yellow light-emitting diode and lightemitted from one or two of the other light-emitting diodes"; and "where the emission
5

colors obtained from the white light-emitting diode are a white emission color obtained
through single emission of the white light-emitting diode and an emission color
obtained by mixing light emitted from the white light-emitting diode and light emitted
from one or two of the other light-emitting diodes and the emission colors obtained
from the yellow light-emitting diode are a yellow light emission color obtained throughsingle emission of the yellow light-emitting diode and an emission color obtained bymixing light emitted from the yellow light-emitting diode and light emitted from one
or two of the other light-emitting diodes."On the other hand, Exhibit Ko 1 Invention is composed as follows: it is "equippedwith four LEDs with White color in addition to three primary colors, R (Red), G (Green),
and B (Blue)"; "changes emission colors whenever it is pressed in order from red, dark
red, blue, light blue, aqua blue, yellow, light yellow, orange, green, light green, emerald
green, pink, peach, cherry pink, violet, lavender purple, and white"; "all color s
including R (Red), G (Green), B (Blue) and White turn on for white color, and the White
LED turns on for light blue, aqua blue, light yellow, light green, emerald green, peach,and cherry pink, and when emission colors are mixed, in cases of emitting at least redcolor, R (Red) LED lights brighter than other colors of LED, in cases of emitting green
color, G (Green) LED, and in cases of emitting blue color, B (Blue) LED as well; andin cases of producing red color, green color, or blue color, at least the R (Red) LED, G(Green) LED, or B (Blue) LED is lit brighter than the other three LEDs, respectively;
and in cases of producing white color, all four LEDs are lit."(C) Difference 2
Invention 1 constitutes the emission color auxiliary means for illuminating the coverto illuminate "the sides and entire top" of the cover, while Exhibit Ko 1 Invention has
not specified it in that way.
C. Comparison between Invention 2 and Exhibit Ko 1 Invention
The common features and differences between Invention 2 and Exhibit Ko 1
Invention found by the JPO Decision are as described below (No. 6, 2., 2-3, (1) of the
JPO Decision [pages 58 and 59 of the JPO Decision]).
Invention 2 includes all particulars for identifying the invention of Invention 1 andidentifies the invention by adding other particulars for identifying the invention. When
comparing Invention 2 and Exhibit Ko 1 Invention, it can be seen that both inventions
share the common features stated in B. (A) above and they are different in Difference
1 stated in B. (B) above, Difference 2 stated in B. (C) above, and in Difference 3 below.
Difference 3
Concerning the light source unit, in Invention 2, "the light source has light-emitting
6

diodes of colors other than the aforementioned light-emitting diodes"; however, inExhibit Ko 1 Invention, "a light source is equipped with four LEDs with White color in
addition to three primary colors, R (Red), G (Green), and B (Blue)."(3) Summary of the grounds for the JPO Decision
A. Grounds for Invalidation 1
Invention 1 could have been made by a person skilled in the art based on Exhibit
Ko 1 Invention, technical matters stated in Exhibit Ko 2, and the well-known problem(Exhibit Ko 10), and therefore, a patent cannot be granted to Invention 1 pursuant to
the provisions of Article 29, paragraph (2) of the Patent Act (No. 6, 2., 2-1, (3) of the
JPO Decision [page 52 of the JPO Decision]).
B. Grounds for Invalidation 2
Invention 1 could have been made by a person skilled in the art based on Exhibit
Ko 1 Invention, or based on Exhibit Ko 1 Invention and technical matters stated in
Exhibits Ko 21 and22, and therefore, a patent cannot be granted to Invention 1

pursuant to the provisions of Article 29, paragraph (2) of the Patent Act (No. 6, 2., 2 -2,(3) of the JPO Decision [page 58 of the JPO Decision]).
C. Grounds for Invalidation 3
Invention 2 could have been made by a person skilled in the art based on Exhibit
Ko 1 Invention, technical matters stated in Exhibit Ko 2, and the well-known problem(Exhibit Ko 10), and therefore, a patent cannot be granted to Invention 2 pursuant to
the provisions of Article 29, paragraph (2) of the Patent Act (No. 6, 2., 2-3, (4) of the
JPO Decision [page 60 of the JPO Decision]).
D. Grounds for Invalidation 4
Invention 2 could have been made by a person skilled in the art based on Exhibit
Ko 1 Invention, or based on the Exhibit Ko 1 Invention and technical matters stated in
Exhibits Ko 21 and 22, and therefore, a patent cannot be granted to Invention 2 pursuant
to the provisions of Article 29, paragraph (2) of the Patent Act (No. 6, 2., 2-4, (3) of the
JPO Decision [page 62 of the JPO Decision]).
4. Grounds for rescission alleged by the Plaintiff(1) Grounds for Rescission 1
Error in the determination of Difference 1 concerning Grounds for Invalidation 1(related to Grounds for Invalidation 1)(2) Grounds for Rescission 2
Ineligibility as cited documents for Exhibit Ko 1 and ineligibility as primary priorart for Exhibit Ko 1 Invention (related to Grounds for Invalidation 1 and 2)(3) Grounds for Rescission 3
7

Error in findings in differences between Exhibit Ko 1 Invention and Invention 1(related to Grounds for Invalidation 1 and 2)(4) Grounds for Rescission 4
Error in the determination of Difference 2 concerning Grounds for Invalidation 1(related to Grounds for Invalidation 1)(5) Grounds for Rescission 5
Error in the determination of Grounds for Invalidation 2 (related to Grounds forInvalidation 2)(6) Grounds for Rescission 6
Error in the determination of Grounds for Invalidation 3 and 4 (related to Grounds
for Invalidation 3 and 4)(omitted)
No. 4 Judgment of this court
1. Grounds for Rescission 1 (Error in the determination of Difference 1 concerning
Grounds for Invalidation 1 (related to Grounds for Invalidation 1))(1) Technical matters stated in Exhibit Ko 2
Concerning Difference 1, whether the configuration of Invention 1 related to
Difference 1 could have been easily conceived of by a person skilled in the art byadopting the technical matters stated in Exhibit Ko 2 for Exhibit Ko 1 Invention
becomes an issue, and therefore, the technical matters stated in Exhibit Ko 2 areexamined below.
A. Matters stated in Exhibit Ko 2
Exhibit Ko 2 includes the statements as shown in Attachment 1.
B. Technical matters stated in Exhibit Ko 2
According to the statements of Attachment 1, it is found that the following technicalmatters are stated in Exhibit Ko 2. No. 6, 2., 2-1, (2), (2-1), B, (A), a. of the JPO
Decision [page 49 of the JPO Decision] states publicly-known technical matters wherean LED lighting device is comprised of white and yellow light-emitting diodes in
addition to three primary colors, R (Red), G (Green), and B (Blue) as details of theabbreviated "technical matters stated in Exhibit Ko 2" ((3), B, (A) below). The technicalmatters stated in Exhibit Ko 2 that were found by the JPO Decision include theaforementioned matters stated in the JPO Decision, but not limited thereto, as statedbelow.
Exhibit Ko 2 is related to an LED lighting device using a card-type LED
8

illumination light source on which multiple LEDs are mounted and a card -type LED
illumination light source that is preferably used with this LED lighting device(paragraph [0001]). LEDs have the important advantage of having a longer lifespanthan incandescent light bulbs, fluorescent lamps, high-pressure discharge lamps, andother lamps. However, since a single LED element has a small luminous flux, it isnecessary to compose an LED illumination light source by arranging multiple LED
elements to obtain the same level of luminous flux as incandescent light bulbs andfluorescent lamps (paragraph [0002]). However, there are the following problems: if acurrent larger than a current for regular use other than illumination flows in each LEDbare chip 22 in order to increase the luminous flux of each LED bare chip as much as
possible, the calorific value generated from LED bare chips increases, the temperatureof LED bare chip 22 (bare chip temperature) rises to the high level, which has asignificant effect on the lifespan of the LED bare chips; and when the bare chiptemperature increases with an increase in the calorific value, the light emission
efficiency of the LED bare chips also decreases (paragraphs [0011] through [0013]).
For these reasons, the LED lighting device stated in Exhibit Ko 2 and its card-type LED
illumination light source are found as follows: LED bare chips with a light emitting unit
on their element substrate are installed on a heat radiation substrate; the peripheral partof the light emitting surface of the element substrate of the LED bare chips is formed
as an inclined surface having a lower height than the central part (paragraph [0022]);the light source unit of the lighting device is constituted by a detachable card-shapestructure, and the effect of smoothly radiating the heat generated in each LED isenhanced; and by making it possible to replace only light sources whose lifespan has
expired with new light sources, the structure other than the light source of the LED
lighting device can be used for a long period of time (paragraph [0059]).
It is found to be stated as Embodiment 1 of Exhibit Ko 2 that LEDs mounted on the
card-type LED illumination light source 10 may be replaced with those for low
correlated color temperature or high correlated color temperature, or those withindividual light colors, such as blue, red, green, yellow, etc. (paragraph [0080]); a lightsource with a low color rendering property but with high efficiency is feasible in casesof a 2-wavelength type using two types of light colors and it is preferable to adopt a
combination of red and blue-green (green) light emission when the correlated color
temperature is low and a combination of blue and yellow (orange) light emission when
the correlated color temperature is high; it is preferable to adopt a combination of blue,
blue-green (green), and red light emission in cases of a 3-wavelength type using three
types of light colors and to adopt a combination of blue, blue-green (green), yellow
9(orange), and red light emission in cases of a 4-wavelength type using four types oflight colors; and in particular, in cases of a 4-wavelength type, a light source with ahigh color rendering where the average color rendering index exceeds 90 can be realized(paragraph [0081]).
In addition, it is found to be stated as Embodiment 2 of the Exhibit Ko 2 that a whitecard-type LED illumination light source is preferably used for the lighting device shownin Figure 3 (paragraph [0089]), in which four types of LED elements, including LED
bare chips emitting blue color light, LED bare chips emitting red color light, LED barechips emitting green color light, or LED bare chips emitting yellow color light, arearranged in a mixed manner, and white light and light with variable colors are provided
by controlling the light distribution of those color emitting lights (paragraph [0125])).
Furthermore, it is found to be stated as Embodiment 3 of Exhibit Ko 2 that in thecase of installing the same number of anode and cathode electrodes for constant current
driving, it is possible to install 6 pieces (3 routes) of backup terminals after assigning
feed electrodes to blue, green (blue-green), yellow (orange), red, and white,
respectively (paragraph [0189])
On the other hand, although there are statements that a card-type LED light source
and LED lighting device stated in Exhibit Ko 2 are used to singly drive blue, green(blue-green), yellow (orange), red, and white LEDs for illumination (paragraph [0065])
and that a feed electrode is assigned respectively as mentioned above (paragraph[0189]), there are no statements in paragraphs [0065] and [0189] concerning whether
the light source equipped with five color LEDs provides white light or light withvariable colors and it is not clearly stated either that each color LED is made to emit
light singly.
C. Definition of color rendering property(A) The term "color rendering property" is used in paragraph [0081] of Exhibit Ko 2.
Color rendering property is generally explained as follows.
"If spectral distribution of light emitted by a light source is different, the colo r of theilluminated object looks different. This character is called the color rendering propertyof the light source. For example, warm color objects, such as meat, look brighter if they
are illuminated by incandescent light bulb emitting high levels of red and yellow lights,
and look dark if they are illuminated by a fluorescent lamp emitting high level of blue
light. Therefore, the average color rendering index is used to show the color rendering
property level and is used as an index of illumination light source performance."(Encyclopædia Britannica Micropedia; Exhibit Ko 40)"Characteristics of how the color of an object looks under illumination. It is said that10

color rendering property is better when the color is closer to the color under naturallight." (Digital Dai-ji-sen; Exhibit Ko 40)(B) Paragraph [0081] of Exhibit Ko 2 states that "a light source with a low color
rendering property but with high efficiency is feasible in cases of a 2-wavelength typeusing two types of light colors" and "[it is preferable] to adopt a combination of blue,
blue-green (green), yellow (orange), and red light emission in cases of a 4 -wavelength
type using four types of light colors; and in particular, in cases of a 4-wavelength type,a light source with a high color rendering where the average color rendering index
exceeds 90 can be realized; the present invention can be applied to cases where an LEDbare chip to be mounted emits a single color or ultraviolet rays or where white light isemitted by exciting a phosphor or phosphorescent materials with an LED bare chip." In
light of these statements, it is found that the term "color rendering property" as statedin Exhibit Ko 2 is used in the general meaning of color rendering property, that is,whether an illuminated object's color is closer to the color under natural light ((A)
above).
(2) Relationship between technology fields and motivation for adopting technicalmatters
The second photograph from the top on page 1 of Exhibit Ko 1 is a photograph of a
penlight whose entire cylinder is emitting light in each of 17 colors. There is a statementon the top and bottom of the photograph that "You can carry as many as 17 colors""with single Colorful Pro." There is a statement at the bottom of the fifth photographfrom the top on page 5 that "Color-Pro's LED is equipped with White color in addition
to the three primary colors of RGB. It has four LEDs in total." There is a statement on
top of the first photograph on page 7 of Exhibit Ko 1 that says "*Do not bring adismantled or modified penlight into a live venue since the safety of such penlightcannot be guaranteed." Therefore, it is found that Exhibit Ko 1 Invention is related to afull-color penlight to be used in a live (concert) venue, on which 4 LEDs: white color
and three primary colors of red, green and blue (RGB) are mounted as a light source
and is related to a technology where the entire cylinder emits light in various colors.
On the other hand, the technical matters stated in Exhibit Ko 2 are as described in(1) above are related to illumination to show an object by exposing it to light, are related
to an LED lighting device using a card-type LED lighting device to which multiple
LEDs are mounted and a card-type LED illumination light source that is preferably usedwith this LED lighting device, and are related to technology to provide white light orlight with variable colors.
Incidentally, in the determination on inventive steps, secondary prior art or well 11known technical matters corresponding to differences between the invention related toclaims and the primary prior art are necessary, and the presence of motivation or thesuggestion to apply the secondary prior art or well-known technical matters to theprimary prior art is necessary. For this purpose, first, there must be a relationship in thetechnology fields between the primary prior art and the secondary prior art or well known technical matters. In cases where the technology fields of the primary prior art
and the secondary prior art or well-known technical matters are not completely
consistent, but are only closely related, since the relationship between the technology
fields is relatively low, it cannot be immediately said that it is easy to adopt thesecondary prior art or well-known technical matters for the primary prior art. In orderto say that it is easy, there must be reasonable motivation for adopting the secondaryprior art or well-known technical matters for the primary prior art. In this regard,
Exhibit Ko 1 and the technical matters stated in Exhibit Ko 2 share the point that bothare related to a device emitting light using LEDs as the light source; however, they are
different in the points that Exhibit Ko 1 Invention is related to a penlight whose entire
cylinder emits light with various colors and that the technical matters stated in Exhibit
Ko 2 are related to a lighting device providing white light or light with variable colors.
Therefore, it can be said that Exhibit Ko 1 Invention and the technical matters stated in
Exhibit Ko 2 are close technologies, but it cannot be said that their technology fields
are completely consistent. For this reason, in order to say that it is easy for a person
skilled in the art to conceive of a new invention by adopting the technical matters statedin Exhibit Ko 2 for Exhibit Ko 1 Invention, there must be reasonable motivation for
adopting the technical matters stated in Exhibit Ko 2 for Exhibit Ko 1 Invention.
(3) Determination of findings by the JPO Decision
A. Findings regarding problems of Exhibit Ko 1 Invention(A) The JPO Decision found as a problem of Exhibit Ko 1 Invention that there is an
issue concerning the production of the yellow color and that the difference in the colors,"yellow" and "light-yellow," cannot be clearly distinguished and this "can be consideredto suggest the existence of an underlying issue in producing the yellow color, which iscalled 'yellow,' in itself." (No. 6, 2., 2-1, (2), (2-1), A., (A) of the JPO Decision [page47 of the JPO Decision]) and the JPO Decision positioned it as a problem on theassumption of installing a yellow light-emitting diode in order to increase color
rendering property (No. 6, 2., 2-1, (2), (2-1), B., (A), a. of the JPO Decision [lines 17
through 23 on page 49 of the JPO Decision]).
(B) The JPO Decision stated concerning a problem of Exhibit Ko 1 Invention that "it ispointed out concerning Exhibit Ko 1 Invention that when the power voltage of the12power source (cell) decreases, an imbalance in color production occurs and the entire
cylinder does not emit light neatly, and it is clear that a problem of increasing color
rendering property in an underlying issue in Exhibit Ko 1 Invention" (No. 6, 2., 2 -1,(2), (2-1), A., (C) of the JPO Decision [page 48 of the JPO Decision]). According tothis statement, the JPO Decision is found to have determined that the improvement of"color rendering property" means to prevent an imbalance in color production and makethe entire cylinder emit light neatly and that the problem of Exhibit Ko 1 Invention is
to improve "color rendering property" in this regard.
(C) The JPO Decision stated concerning a problem of Exhibit Ko 1 Invention that "asExhibit Ko 10 ('1. (10)' above) states that '(...) In other words, many color options canbe provided both in cases of three colors and in cases of seven colors.' (paragraph[0012]), at least in a lighting device using three color LEDs, red, green, and blue, theimprovement of color rendering property can be said to be a well-known problem insaid technology field" (No. 6, 2., 2-1, (2), (2-1), A., (C) of the JPO Decision [page 48
of the JPO Decision]). This statement shows that the JPO Decision found that providing
many color options is the improvement in color rendering property and the JPO
Decision also found that the problem of Exhibit Ko 1 Invention is to improve "color
rendering property" in this regard.
B. Findings of technical matters stated in Exhibit Ko 2 by the JPO Decision(A) The JPO Decision found concerning the technical matters stated in Exhibit Ko 2 asstated in paragraphs [0065] and [0189] of Exhibit Ko 2 that "comprising a 'LED lighting
device' of white and yellow light-emitting diodes in addition to LEDs of three primarycolors of light, R (Red), G (Green), and B (Blue), is one of the publicly-known technicalmatters in said technology field (hereinafter referred to as "technical matters stated in
Exhibit Ko 2" in some cases)" (No. 6, 2., 2-1, (2), (2-1), B., (A), a. of the JPO Decision[page 49 of the JPO Decision]). According to (1) above, the aforementioned findings of
the JPO Decision are found to be reasonable.
(B) In addition, the JPO Decision found that "as Exhibit Ko 2 states 'Furthermore, bymounting LEDs of multiple light colors (two or more types of light colors) on the card type LED illumination light source 10, it is possible to control the light emission colors
by a single card-type LED illumination light source 10 from light colors with low
correlated color temperature to light colors with high correlated color temperature . In
this case, a light source with a low color rendering property but with high efficiency is
feasible in cases of a 2-wavelength type using two types of light colors and it ispreferable to adopt a combination of red and blue-green (green) light emission when
the correlated color temperature is low and a combination of blue and yellow (orange)
13

light emission when the correlated color temperature is high.' (paragraph [0081]), theaforementioned technical matters stated in Exhibit Ko 2 can be said to be aconfiguration that also intends to improve color rendering property" (No. 6, 2., 2-1, (2),(2-1), B. (A), a. of the JPO Decision [page 49 of the JPO Decision]). According to (1)above, the aforementioned findings of the JPO Decision can be found to be reasonable.
According to (1) above, it is found that the term "color rendering property," which was
found to be technical matters stated in Exhibit Ko 2 as mentioned above, is "color
rendering property" in the general meaning, that is, whether an illuminated object's
color is closer to the color under natural light.
C. Determination of whether a person skilled in the art could have easily conceived ofthe "yellow light-emitting diode" and its "emission color" in the configuration of
Invention 1 related to Difference 1(A) The JPO Decision determined concerning whether a person skilled in the art could
have easily conceived of the "yellow light-emitting diode" and its "emission color" in
configuration of Invention 1 related to Difference 1 that "therefore, the difference inthe colors, 'yellow' and 'light yellow,' cannot be clearly distinguished; in Exhibit Ko 1
Invention where there is an underlying issue at least in producing the yellow color,which is called 'yellow,' in itself, it is not significantly difficult for a person skilled in
the art to install a yellow light-emitting diode in addition to 'four LEDs' of 'R (Red),' 'G(Green),' 'B (Blue),' and 'White' in order to improve its color rendering property inreference to the aforementioned technical matters stated in Exhibit Ko 2" (No. 6, 2., 2 1, (2), (2-1), B., (A), a. of the JPO Decision [page 49 of the JPO Decision]).
(B) According to (A) above, it is found that the JPO Decision determined as follows:
Exhibit Ko 1 Invention has the problem of an underlying issue in producing the yellow
color, which is called "yellow," in itself (A. (A) above); there is also an underlying
problem of improving color rendering property (A. (B) above); publicly-known
technical matters to configurate an LED lighting device by including white and yellow
light-emitting diodes are stated in Exhibit Ko 2 (B. (A) above); and technical mattersto improve color rendering property are stated in Exhibit Ko 2 (B. (B) above);accordingly, there is the motivation for adopting the technical matters stated in Exhibit
Ko 2 for Exhibit Ko 1 Invention and a person skilled in the art could have easily
conceived of installing a yellow light-emitting diode by adopting the technical mattersstated in Exhibit Ko 2 for Exhibit Ko 1 Invention.
(4) Whether there are errors in the determination of findings by the JPO Decision
A. Findings regarding problems of Exhibit Ko 1 Invention(A) Producing the yellow color
14

Exhibit Ko 1 contains statements, "yellow-based" and "the difference between
yellow and light yellow cannot be defined clearly" (at the top and bottom of the fifth
photograph from the top on page 4). According to these statements, it is found that there
is an issue with Exhibit Ko 1 Product in that it is difficult to distinguish the differencein colors of "yellow" and "light yellow." However, as an assumption of theaforementioned statements, this "yellow" is only compared with the "light yellow" of a
penlight, but not with a color chart, etc. (see the photograph above) and the issue of
relative distinguishing of colors and the issue in producing colors in terms of how close
the produced color is to the color that is generally considered to be a standard color(corresponding to the color in the color chart) are different. Therefore, theaforementioned issue that the difference in color between "yellow" and "light yellow"
is difficult to distinguish is different from the issue of how close the produced "yellow"
is to the color generally considered to be a yellow color.
The JPO Decision stated that "examining those colors, 'yellow' and 'light yellow,' inphotographs on pages 4 and 5, in addition to four penlights placed at the center of thephotographs, four other penlights in total (two penlights on the left ('Ami/Mami' and'Kotori') and two penlights on the right ('Lumistick' and 'Daidenkokai')) are placed for
a comparison of colors; the 'yellow' color of four penlights (Exhibit Ko 1 Invention) at
the center of the aforementioned photographs is different from the yellow color of thefour other penlights, but are rather close to orange as shown in the photographs on pages
4 through 6 ((shown in (1q))" (No. 6, 2., 2-1, (2), (2-1), A., (A) of the JPO Decision[page 47 of the JPO Decision]). Then, the JPO Decision found that the production of
the yellow color, which is called "yellow," of Exhibit Ko 1 Product is an issue in itself.
Whether the JPO made the aforementioned findings by accessing Exhibit Ko 1 website
and referring to the photographs (images) shown on the display or whether the JPO
made the aforementioned findings based on the photographs printed on a sheet cannot
be immediately defined based on the statements of the JPO Decision. However, in theformer case, colors shown on the display depend on the performance and adjustment of
the display itself, and in the latter case, colors printed on a paper sheet depend on thepaper quality or performance and adjustment of the printer. Moreover, colors may differ
by the performance and adjustment of the camera that took the photographs. In any case,the actual colors of Exhibit Ko 1 Product and the colors shown on the display or printed
are not always the same. In addition, there is no objective evidence to support theargument that the penlights of other companies that are used for comparison with
Exhibit Ko 1 Product have colors closer to the color generally considered to be standard
yellow than Exhibit Ko 1 Product. For this reason, it is impossible to judge how much15

the "yellow" is closer to the color that is generally considered to be standard yellow
based on the photographs of Exhibit Ko 1 and therefore, it cannot be found that the
production of the yellow color, which is called "yellow," itself is an issue based on thephotographs of Exhibit Ko 1.
Also based on other statements in Exhibit Ko 1, it cannot be found that Exhibit Ko
1 presents the problem that there is an underlying issue in producing the yellow color,which is called "yellow," in itself.
Consequently, the determination of the JPO Decision that the issue that thedifference of the colors, "yellow" and "light-yellow," cannot be clearly distinguishedcan be considered to suggest the existence of an underlying issue in producing theyellow color, which is called "yellow," in itself ((3), A, (A) above) is incorrect.
(B) Color rendering property"Color rendering property" found by the JPO Decision in relation to the problem of
Exhibit Ko 1 Invention is to prevent an imbalance in color production, to make theentire cylinder emit light neatly ((3), A., (B) above), and to provide many color options((3), A., (C) above; the JPO Decision found in No. 6, 2., 2-1, (2), (2-1), A., (C) [page48 of the JPO Decision] that it can be said to be a well-known problem as stated in
Exhibit Ko 10). It is different from "color rendering property" found as the technicalmatters stated in Exhibit Ko 2, in other words, "color rendering property" in the generalmeaning, that is, whether an illuminated object's color is closer to the color undernatural light ((3), B., (B) above).
B. Findings of technical matters stated in Exhibit Ko 2
As stated in (3), B., (B) above, it is found that the term "color rendering property"
found to be the technical matters stated in Exhibit Ko 2 as mentioned above is "color
rendering property" in the general meaning, that is, whether an illuminated object's
color is closer to the color under natural light.
C. Whether a person skilled in the art could have easily conceived of the "yellow light emitting diode" and its "emission color" in the configuration of Invention 1 related to
Difference 1
As stated in (2) above, it cannot be said that the technology fields of Exhibit Ko 1
Invention and those of the technical matters stated in Exhibit Ko 2 are completely
consistent but rather are only closely related. Therefore, in order to say that it is easy
for a person skilled in the art to conceive of Invention 1 by adopting the technicalmatters stated in Exhibit Ko 2 for Exhibit Ko 1 Invention, there must be reasonable
motivation for adopting the technical matters stated in Exhibit Ko 2 for Exhibit Ko 1
Invention.
16

As an assumption to determine that there was the motivation for adopting thetechnical matters stated in Exhibit Ko 2 for Exhibit Ko 1 Invention and that Invention
1 could have been easily conceived of by a person skilled in the art by a dopting thetechnical matters stated in Exhibit Ko 2 for Exhibit Ko 1 Invention, the JPO Decisionfound that Exhibit Ko 1 Invention has the problem where there is an underlying issue
in producing the yellow color, which is called "yellow," in itself ((3), A., (A) above)and shares the common problem with Exhibit Ko 2 to improve color rendering property((3), A., (B) and (C) above). However, as stated in A., (A) above, there is an error in
the findings by the JPO Decision that Exhibit Ko 1 Invention has the problem that there
is an underlying issue in producing the yellow color, which is called "yellow," in itself,
and the "color rendering property" that the JPO Decision found in relation to the
problem of Exhibit Ko 1 Invention (including the matters that the JPO Decision foundto be a well-known problem as stated in Exhibit Ko 10 in No. 6, 2., 2-1, (2), (2-1), A.,(C) of the JPO Decision [page 48 of the JPO Decision]) is different from the "color
rendering property" that was found as the technical matters stated in Exhibit Ko 2, inother words, "color rendering property" in the general meaning, that is, whether anilluminated object's color is closer to the color under natural light (A (B) above).
Then, the JPO erred in finding the problem of Exhibit Ko 1 Invention which serves
as a basis for the motivation for adopting the technical matters stated in Exhibit Ko 2
for Exhibit Ko 1 Invention. In addition, in consideration of the details of the technicalmatters stated in Exhibit Ko 2 ((1) above) and the relationship of technology fields
between Exhibit Ko 1 Invention and the technical matters stated in Exhibit Ko 2 ((2)
above), it is not found that Exhibit Ko 1 Invention shares the problem with the technicalmatters stated in Exhibit Ko 2 and, for this reason, it is not found that there is the
motivation for adopting the technical matters stated in Exhibit Ko 2 for Exhibit Ko 1
Invention.
Consequently, it is not found that a person skilled in the art could have easily
conceived of installing a yellow light-emitting diode by adopting the technical mattersstated in Exhibit Ko 2 and the well-known problem (Exhibit Ko 10) for Exhibit Ko 1
Invention. The determination of the JPO Decision that a person skilled in the art could
have easily conceived of it ((3), C., (A) above) is incorrect.
The JPO Decision made a determination, based on the assumption of thedetermination that a person skilled in the art could have easily conceived of installinga yellow light-emitting diode ((3), C., (A) above) by adopting the technical mattersstated in Exhibit Ko 2 and the well-known problem (Exhibit Ko 10) for Exhibit Ko 1
Invention, that a person skilled in the art could have easily conceived of the "yellow
17light-emitting diode" and its "emission color" out of the configuration of Invention 1
by adopting the technical matters stated in Exhibit Ko 2 and the well -known problem(Exhibit Ko 10) for Exhibit Ko 1 Invention (No. 6, 2., 2-1, (2), (2-1), B., (A) of the JPO
Decision [page 48 through 50 of the JPO Decision]). However, since the determination
which serves as an assumption, is incorrect, the JPO Decision that a person skilled in
the art could have easily conceived of the "yellow light-emitting diode" and its"emission color" out of the configuration of the Invention 1 is also incorrect.
D. Whether a person skilled in the art could have easily conceived of a single emission
color and mixed emission color of a yellow light-emitting diodeAs stated in C. above, there are no common problems between Exhibit Ko 1
Invention and the technical matters stated in Exhibit Ko 2 and it is not found that thereis the motivation for adopting the technical matters stated in Exhibit Ko 2 for Exhibit
Ko 1 Invention. However, to be sure, assuming that there is such motivation, this court
examines whether a person skilled in the art could have easily conceived of theconfiguration of Invention 1 related to Difference 1 wherein a yellow emission color is
obtained through single emission of the yellow light-emitting diode and an emission
color is obtained by mixing light emitted from the yellow light-emitting diode and lightemitted from one or two of the other light-emitting diodes, by adopting the technicalmatters stated in Exhibit Ko 2 for Exhibit Ko 1 Invention.
As stated in the findings in (1) above, Exhibit Ko 2 states that LEDs mounted on
the card-type LED illumination light source 10 may be replaced with those for low
correlated color temperature or high correlated color temperature, or those withindividual light colors, such as blue, red, green, yellow, etc. (paragraph [0080]).
However, even looking at the entire statements of paragraphs [0076] through [0080]
related to Embodiment 1 regarding said matters, it is not clear whether it means that an
LED light source equipped only with any single color LED, from among blue, red,green, yellow, or other colors, emits any single color of blue, red, green, yellow, orother colors, or that an LED light source equipped with multiple colors controls tosingly emit blue, red, green, yellow, or other colors. In light of the fact that there is astatement that "Furthermore, by mounting the LEDs of multiple light colors (two or
more types of light colors) on the card-type LED illumination light source 10, ... In thiscase, ... in cases of a 2-wavelength type using two types of light colors" in the first halfof paragraph [0081] following paragraph [0080], the aforementioned statement inparagraph [0080] can be understood as the former meaning, in other words, it means asingle-wavelength type using a single type light color and that it has a yellow color by
the LED light source equipped with a single yellow LED. However, Invention 1 is18

comprised of a red light-emitting diode, a green light-emitting diode, a blue lightemitting diode, a yellow light-emitting diode and a white light-emitting diode and it
must obtain more than one specific light emission colors including at least an emission
color obtained from light singly emitted from the yellow light-emitting diode and anemission color obtained by mixing light emitted from the yellow light-emitting diodeand light emitted from one or two of the other light-emitting diodes (Difference 1). If
it is under the former meaning, it cannot be said that a person skilled in the art could
have easily conceived of the emission color obtained by the aforementioned mixing. On
the other hand, assuming it is under the latter meaning, since Exhibit Ko 2 has no directstatement that a yellow LED is included in the LED light source with multiple colors,
the possibility that a yellow light color is obtained from an LED light source other thanyellow cannot be denied and therefore, it cannot be said that a person skilled in the art
could have easily conceived of a single emission color of a yellow LED.
Furthermore, as it was found in (1), B. above, Exhibit Ko 2 states that it is preferable
to adopt a combination of blue, blue-green (green), and red light emission in cases of a3-wavelength type using three types of light colors and to adopt a combination of blue,
blue-green (green), yellow (orange), and red light emission in cases of a 4-wavelength
type using four types of light colors; and in particular, in cases of a 4-wavelength type,a light source with a high color rendering where the average color rendering index
exceeds 90 can be realized (paragraph [0081]). It also states that in order to improvecolor rendering property, four types of LEDs, RGBY (red, green, blue, and yellow), areused. These statements are related to the improvement of color rendering property inthe general meaning. Therefore, it is not found, based on these statements, that it isunderstood objectively and concretely that a lighting device using four types of LEDs,
RGBY, causes single emission of a yellow LED.
In addition, Exhibit Ko 2 states that five types of LEDs, RGBWY (red, green, blue,
white, and yellow) are used in paragraphs [0065] and [0189]; however, there is only an
explanation related to power sources as a concrete statement. Therefore, based on thesestatements, it cannot be understood objectively and concretely that a lighting device
using five types of LEDs, RGBWY, causes single emission of a yellow LED or controls
the emission colors by mixing with other colors.
Then, even if there was the motivation for adopting the technical matters stated in
Exhibit Ko 2 for Exhibit Ko 1 Invention, and if the technical matters stated in Exhibit
Ko 2 were adopted for Exhibit Ko 1 Invention and a yellow light-emitting diode wasinstalled in Exhibit Ko 1 Invention, it is not found that a person skilled in the art could
have easily conceived of the configuration of Invention 1 related to Difference 1
19

wherein a yellow emission color is obtained through single emission of the yellow lightemitting diode and an emission color is obtained by mixing light emitted from theyellow light-emitting diode and light emitted from one or two of the other light-emitting
diodes.
In addition, Invention 1 can keep the balance of color production under a low
electric voltage by adding a yellow LED and by adopting a configuration wherein anemission color is obtained by mixing light emitted from a white LED and light emitted
from one or two of the other LEDs and an emission color is obtained by mixing lightemitted from a yellow LED and light emitted from one or two of the other LEDs
(paragraphs [0007], [0009], [0010], [0013] through [0017], [0021], [0033], and [0034]
in the descriptions of the Patent). It cannot be said that these effects of the invention
can be predicted based on Exhibit Ko 1 Invention and the technical matters stated in
Exhibit Ko 2. Also in this regard, it cannot be found that a person skilled in the art could
have easily conceived of Invention 1 by adopting the technical matters stated in Exhibit
Ko 2 for Exhibit Ko 1 Invention.
(5) Allegation of the Defendant
A. Commonality in problems of Exhibit Ko 1 Invention and the technical matters statedin Exhibit Ko 2
The Defendant alleged that Exhibit Ko 1 Invention and the technical matters statedin Exhibit Ko 2 share problems of obtaining various emission colors stably (No. 3, 1.,(2), B., (D), a. above).
However, as stated above, there is an error in the findings by the JPO Decision that
Exhibit Ko 1 Invention has the problem that there is an underlying issue in producing
the yellow color, which is called "yellow," in itself ((4), A., (A) above) and the "color
rendering property" that the JPO Decision found in relation to the problem of Exhibit
Ko 1 Invention is different from "color rendering property" that was found as thetechnical matters stated in Exhibit Ko 2, in other words, the "color rendering property"
in the general meaning, that is, whether an illuminated object's color is closer to thecolor under natural light ((4), A., (B) above). Therefore, there is an error in the findings
by the JPO Decision concerning the problem of Exhibit Ko 1 Invention ((4), C. above).
In addition, in consideration of the details of the technical matters stated in Exhibit Ko
2 ((1) above) and the relationship of technical fields between Exhibit Ko 1 Invention
and the technical matters stated in Exhibit Ko 2 ((2) above), it is not found that Exhibit
Ko 1 Invention shares a problem with the technical matters stated in Exhibit Ko 2.
Consequently, the aforementioned allegation of the Defendant cannot be accepted.
B. Whether a person skilled in the art could have easily conceived of Invention 1 based20

on Exhibit Ko 1 Invention and well-known art
In addition, the Defendant alleged that a person skilled in the art could have easily
conceived of the configuration of Invention 1 related to Difference 1 based on Exhibit
Ko 1 Invention and well-known art stated in Exhibits Otsu 5-1 through 5-9 and Exhibits
Otsu 6-1 through 6-13 (No. 3, 1., (2), B., (E) above). Therefore, it is examined below.
(A) Exhibits Otsu 5-1 through 5-4
a. There are the following statements concerning televisions and other products in
Exhibit Otsu 5-1 through 5-4 that were distributed before the filing date of theapplication for the Patent.
(a) Exhibit Otsu 5-1 (Unexamined Patent Application Publication No. 2001-209047)"[Claim 1] A liquid crystal display characterized by the following:
equipped with a liquid crystal panel;a signal processing unit for converting the input color video signal into a drive signal
for the liquid crystal panel;
an irradiation light for generating an image by irradiating the liquid crystal panel; anda color filter that is constituted of a fine filter of four or more colors corresponding toindividual pixels of the liquid crystal panel and that changes the image forme d by theliquid crystal panel into full color by additive color mixing,
wherein the fine filter has four colors corresponding to the R-B axis and B-Y axis
reflecting an opposite color which is a human visual characteristic;
wherein the irradiation light irradiates white light having a peak in the wavelength
region of the fine filter;
and wherein the signal processing unit converts an input color video signal into a color
component signal of the fine filter.""[0020] The present invention (...) is to provide (1) a liquid crystal display capableof displaying a wide color reproduction range, (...) and, (4) the liquid crystal display
further capable of outputting a white color at a constant level."(b) Exhibit Otsu 5-2 (a printed document containing a web page titled "What is
awesome about 'AQUOS Quattron'?")"What is 'Quattron,' an innovative four-primary color liquid-crystal technology towhich 'the color yellow' is added?" (page 1)"The core of the four-primary color liquid-crystal technology, 'Quattron,' is the
addition of a yellow (Y) filter to a color filter that divides light transmitted from thebacklight into each color. Lights visible to human eyes are generally produced bymixing RGB colors corresponding to 'red,' 'green,' and 'blue' that are also called thethree primary colors of light. Colors produced by mixing these three primary colors are21

indicated in the form of a color chart that is expressed as the range of a triangle withcolors, R, G, and B, respectively as a vertex. Conventional liquid crystal televisions
have not always covered the reproduction range of all colors." (page 1)"'Quattron' covers a wider color reproduction range, centering on yellow, that cannot
be expressed only with the three primary colors by adding yellow (Y) to RGB, and it
also succeeded in expanding the range of cyan by slightly shifting the primary color
point of green." (page 2)(c) Exhibit Otsu 5-3 (Unexamined Patent Application Publication No. 2001-306023)"[0001][Technical field of the invention] The present invention relates to an image display
device that comprises an image display region by arranging pixels consisting of sub pixels of multiple colors in a matrix and forms color images by combining colored lights
emitted from each sub-pixel by the additive color mixing method in the image display
region, and can be used for CRT, liquid crystal, and other display devices, front
projectors, rear projectors, and other projection displays.""[0006] The object of the present invention is to provide an image display device
capable of displaying a wide range of colors and, in particular, capable of displaying
colors equivalent to those of a print."[0009] In addition, the pixel for displaying a predetermined color includes at least
three types of sub-pixels for emitting red, green, and blue color light. Furthermore, it ispreferable for it to be comprised of four or more types of sub-pixels, including at least
one or more sub-pixels emitting a color light specified as a point on the chromaticity
diagram outside the triangle shaped range that is formed by connecting each vertex ofred, green, and blue on the chromaticity diagram. Moreover, it is preferable that the
sub-pixels of other colors are any one of the three primary colors, cyan, magenta, andyellow, in the subtractive color mixing method, and in particular, at least cyan."(d) Exhibit Otsu 5-4 (Publication of Japanese Translation of PCT International
Application No. 2004-529396)"[Claim 1]
A liquid color display (LCD) device for displaying a color image using at least four
different primary colors, ... equipped with an array of color sub-pixel filter elements,
including at least four types of color sub-pixel filter elements that pass at least the
aforementioned four primary color lights respectively.
[Claim 2]
The device stated in Claim 1 where at least the aforementioned four primary colors
include red, green, blue, and yellow."22

"[0008]
Many colors visible to humans cannot be seen on standard red-green-blue (RGB)
monitors. The reproducible color range of a display can be expanded by using a display
using four or more primary colors."b. According to the statements in Exhibits Otsu 5-1 through 5-4 in a. above, before thefiling date of the application for the Patent, it is found to have been known that theliquid crystal display of a television and other products is comprised of four primarycolors, including yellow in addition to red, green, blue (the well-known art that the
Defendant alleged to be found based on Exhibits Otsu 5-1 through 5-9 is found to theaforementioned extent).
(B) Exhibits Otsu 6-1 and 6-2
a. There are the following statements concerning televisions and other products in
Exhibit Otsu 6-1 and 6-2 that were distributed before the filing date of the application
for the Patent.
(a) Exhibit Otsu 6-1 (Unexamined Patent Application Publication No. 1990-118521)"2. Patent Claims
A liquid crystal display device comprised of a pair of substrates each having anelectrode formed thereon, a liquid crystal layer sandwiched between the pair of
substrates, and multiple color filters, that is characterized by the following: where themultiple color filters are comprised of four types of color filters, namely, a red filter,
green filter, blue filter, and white filter; where the four types of color filters constituteone block, and a multiple number of such blocks are aligned in a matrix."(b) Exhibit Otsu 6-2 (Unexamined Patent Application Publication No. 1992-355722)"[0003][Problems to be solved by the invention] The conventional examples are explained
below. Figure 5 is a configuration diagram of conventional picture elements in which 4
pixels are driven by 2 values to display 16 colors, and red (R) pixel 1, green (G) pixel
2, blue (B) pixel 3, and white (W) pixel 4 have the same display area respectively.
Figure 4 shows spectral transmittance of each color. In this case, the relationshipbetween the combination of the transmission and non-transmission states of each pixel
and the displayed color is as shown in Table 1.""[0004][Table 1]No.

Displayed color

Pixel status
R

G

23

B

W

1

Red

2

Green

3

Blue

4

White I

5

Yellow〇

6

Magenta

〇

7

Cyan

8

White II〇

9Light red〇

10

Light green

11

Light blue

12

Light yellow〇

13

Light magenta〇

14

Light cyan

15White III

16

Black

〇
〇
〇
〇
〇
〇
〇

〇

〇

〇
〇

〇

〇
〇

〇

〇

〇
〇

〇

〇

〇

〇

〇

〇

〇

〇

In Table 1, the "〇" mark represents the "transmitted" state.
b. According to the statements in Exhibits Otsu 6-1 and 6-2 in a. above, before the filingdate of the application for the Patent, it is found to have been known that the liquid
crystal display of a television and other products is comprised of four primary colors,
including white in addition to red, green, and blue (the well-known art that the
Defendant alleged to be found based on Exhibits Otsu 6-1 through 6-13 is found to theaforementioned extent).
(C) As stated in (A) and (B) above, before the filing date of the application for the
Patent, it is found to have been known that the liquid crystal display of a television andother products is comprised of four primary colors, including yellow in addition to red,green, and blue, or comprised of four primary colors, including white in addition to red,green, and blue.
Both the penlight of Exhibit Ko 1 Invention and well-known art related to color
liquid crystals ((A) and (B) above) share the point of implementing simultaneous
additive color mixing of lights emitted from a light source comprised of multiple colors
and they can be said to be in closely related fields. However, the specific structure ofadding colors and the state of using a light-emitting device are different and theirtechnology fields cannot be said to be the same. Therefore, in cases of adopting the
aforementioned well-known art for Exhibit Ko 1 Invention, it should be said that a24specific suggestion, etc. is necessary.
However, it is not found that Exhibit Ko 1 Invention presents the issue of producing
yellow color as a problem as stated in (4), A., (A) above. Therefore, there is no
motivation for adding a light source of yellow. In addition, Exhibit Ko 1 contains
statements, "changes in colors by power source voltage," and "since a full -color
penlight expresses colors by combining RGB LEDs, if the power source (cell) voltage
decreases, an imbalance in emission colors occurs (this issue cannot be avoided unlessa boosting circuit is included)" (on the top of the second photograph from the bottom
on page 5). Therefore, it is found that a problem that an imbalance of emission colors
occurs due to decreases in power source voltage is presented. However, the powersource of a television or other products is stable and the problem of decreases in powersource voltage itself does not exist. Also, from this perspective, there is no motivation
for adopting the technical matter to add the primary color of yellow, which is a well known art for televisions and other products, for Exhibit Ko 1 Invention.
Therefore, the aforementioned allegation of the Defendant that a person skilled in
the art could have easily conceived of Invention 1 related to Difference 1 based on
Exhibit Ko 1 Invention and the well-known art stated in Exhibits Otsu 5-1 through 5-9
and Exhibits Otsu 6-1 through 6-13 cannot be accepted.
(6) Summary
As mentioned above, it cannot be found that a person skilled in the art could have
easily invented the configuration of Invention 1 related to Difference 1 based on Exhibit
Ko 1 Invention, the technical matters stated in Exhibit Ko 2, and the well -known
problem (Exhibit Ko 10), or based on Exhibit Ko 1 Invention and the well-known art
stated in Exhibits Otsu 5-1 through 5-9 and Exhibits Otsu 6-1 through 6-13, and there
is an error in the determination of the JPO Decision concerning Difference 1 of Grounds
for Invalidation 1. Therefore, there is an error in the determination of the JPO Decision
concerning Grounds for Invalidation 1 to the effect that Invention 1 could have been
made by a person skilled in the art based on Exhibit Ko 1 Invention, the technicalmatters stated in Exhibit Ko 2, and the well-known problem (Exhibit Ko 10), andtherefore that a patent cannot be granted to Invention 1 pursuant to the provisions ofArticle 29, paragraph (2) of the Patent Act. Consequently, Grounds for Rescission 1 are
well-grounded.
2. Grounds for Rescission 5 (Error in the determination concerning Grounds forInvalidation 2 (related to Grounds for Invalidation 2))(1) Concerning Grounds for Invalidation 2 that, concerning the "yellow light -emitting
diode" and its "emission color" out of the configuration of Invention 1 related to25

Difference 1, the JPO Decision determined as follows in the item of "(2 -1) Whether aperson skilled in the art could have easily conceived of Invention 1 based on Exhibit
Ko 1 Invention": "Exhibit Ko 1 Invention, as mentioned in '2-1, (2)' above, can be said
to include an issue that the difference in the colors, 'yellow' and 'light yellow,' cannot
be clearly distinguished, in short, an underlying issue in producing the yellow color,which is called 'yellow,' in itself. Therefore, it is not significantly difficult for a person
skilled in the art to additionally install a yellow light-emitting diode in order to solve
the relevant issue and improve color rendering property in producing the yellow color."(No. 6, 2., 2-2, (2), (2-1), A., (A), a. of the JPO Decision [page 53 of the JPO Decision]).
Then the JPO determined that the configuration of Invention 1 related to Difference 1
could have been easily conceived of by a person skilled in the art based on Exhibit Ko
1 Invention, based on the aforementioned determinations (No. 6, 2., 2-2, (2), (2-1), A.,(C) of the JPO Decision [page 54 of the JPO Decision]). In addition, in "(2 -2) Whether
a person skilled in the art could have easily conceived of Invention 1 based on Exhibit
Ko 1 Invention and the technical matters stated in Exhibits Ko 21 and 22," the JPO
Decision determined as follows: "As mentioned in '2-1, (2)' above, Exhibit Ko 1
Invention can be said to include an issue that the difference in the colors, 'yellow' and'light yellow,' cannot be clearly distinguished, in short, an underlying issue in producing
the yellow color, which is called 'yellow,' in itself. Therefore, it is not significantly
difficult for a person skilled in the art who comes across the technical matters st ated in
Exhibits Ko 21 and 22 to additionally install a yellow light-emitting diode in order toimprove the color rendering property in producing the yellow color." (No. 6, 2., 2 -2,(2), (2-2), A., (A), a. of the JPO Decision [page 56 of the JPO Decision]) Then, the JPO
determined that the configuration of Invention 1 (including the configuration of
Invention 1 related to Difference 1) could have been easily invented by a person skilledin the art based on Exhibit Ko 1 Invention and the technical matters st ated in Exhibits
Ko 21 and 22, based on the aforementioned determinations (No. 6, 2., 2-2, (2), (2-2),
D. of the JPO Decision [page 56 of the JPO Decision]).
(2) However, as mentioned in 1. (4), A., (A) above, there is an error in the findings of
the JPO Decision that Exhibit Ko 1 Invention has the problem that there is an underlying
issue in producing the yellow color, which is called "yellow," in itself. Therefore, there
is an error in the determination of the JPO Decision concerning Grounds forInvalidation 2 as stated in (1) above that is based on those findings. Consequently,
Grounds for Rescission 5 are well-grounded.
3. Grounds for Invalidation 6 (Error in the determination concerning Grounds forInvalidation 3 and 4 (related to Grounds for Invalidation 3 and 4))26

Invention 2 includes Invention 1. When comparing Invention 2 and Exhibit Ko 1
Invention, they are different at least in Difference 1.
The JPO Decision cited the determination on Difference 1 of Grounds forInvalidation 1 for the determination on Difference 1 of Grounds for Invalidation 3 (No.
6, 2., 2-3, (2), A. of the JPO Decision [page 59 of the JPO Decision]) and cited thedetermination on Difference 1 of Grounds for Invalidation 2 for the determination on
Difference 1 of Grounds for Invalidation 4 (No. 6, 2., 2-4, (2), (2-1), A. of the JPO
Decision [page 60 of the JPO Decision]; (2-2), A. of the JPO Decision [page 611 of the
JPO Decision]).
However, as mentioned in 1. above, there is an error in the determination on
Difference 1 of Grounds for Invalidation 1. As mentioned in 2. above, there is an error
in the determination on Difference 1 of Grounds for Invalidation 2. Therefore, theaforementioned determinations of the JPO Decision concerning Grounds forInvalidation 3 and 4 are also incorrect.
Consequently, since there was an error in the determination of the JPO Decision
concerning Grounds for Invalidation 3 and 4, Grounds for Rescission 6 are well grounded.
4. Conclusion
Based on the above, there are illegalities in the JPO Decision to be rescindedwithout the need to examine Grounds for Rescission 2, 3, and 4.
Consequently, the claim of the Plaintiff shall be upheld, and the judgment isrendered as indicated in the main text.
Intellectual Property High Court, Third Division
Presiding judge: SHOJI Tamotsu
Judge: UEDA Takuya
Judge: NAKADAIRA Ken

27

Attachment 1 (Matters Stated in Exhibit Ko 2)"[Detailed explanation of the invention][Technical field][0001]The present invention is related to an LED lighting device and a card -type LED
illumination light source. More particularly, it is related to an LED lighting device using
a card-type LED illumination light source on which multiple LEDs are mounted and acard-type LED illumination light source that is preferably used with this LED lighting
device.
[Background art]
[0002]As a light source of illumination devices and signs, incandescent light bulbs,
fluorescent lamps, high-pressure discharge lamps, and other illumination light sources
have been used. Studies have been conducted on LED illumination light sources as a
new illumination light source to replace these light sources. This LED illumination lightsource has the excellent advantage of having a longer lifespan than the aforementioned
light sources and there are high expectations for it as a next generation illumination
light source. However, since a single LED element has a small luminous flux, it isnecessary to compose an LED illumination light source by arranging multiple LED
elements to obtain the same level of luminous flux as incandescent light bulbs andfluorescent lamps.
[0003]
Traditional LED illumination light sources are explained with reference to thefigures below.
[0004]
Figures 1 (a) and (b) show a configuration of a traditional LED illumination lightsource and Figures 2 (a) and (b) show a cross-sectional configuration of the LEDs inthat LED illumination light source.
[0005]As shown in Figures 1 (a) and (b), this LED illumination light source includes a
substrate 21 and multiple LED bare chips 22 are mounted on the substrate 21. In thisdescription, the term "LED bare chip" refers to an LED that has not been molded withresin or other materials at the stage before mounting them on the substrate 21. LEDs,
which have been molded at the stage before mounting and which are in a state where
the light-emitting unit, etc. is not exposed, are distinguished by referring to them as"LED elements." On the substrate 21 shown in Figure 1 (a), a hole 23a that passes the28light emitted from the LED bare chip 22 is provided and a plate 23 is installed. On theother hand, on the substrate 21 shown in Figure 1 (b), a layered resin 24 that passes thelight emitted from the LED bare chip 22 is formed and the LED bare chip 22 is covered
with the resin 24.""[0007]In the configuration shown in Figure 1 (a) and Figure 2 (a), the light generated in
the LED bare chip 22 is reflected by the reflecting surface 23a corresponding to theinner periphery of a hole (opening) 23b provided on the plate 23 and is emitted out of
the element. The hole 23b on the plate 23 is filled with the resin 24 to mold the LED
bare chip 22 and wires 41 and 42. In addition, in the configuration shown in Figure 1(b) and Figure 2 (b), a light generated in the LED bare chip 22 is emitted out of theelement via the mold resin 24.
[0008]
When a forward bias voltage is applied between an electrode 32a of an n-typesemiconductor layer 32 and an electrode 34a of a p-type semiconductor layer 34 in the
LED bare chip 22, electrons and holes are injected into the semiconductor layer andrecombined. By this recombination, light is generated in an active layer 33 and isemitted from the active layer 33. In an LED illumination light source, light emitted
from multiple LED bare chips 22 mounted on a substrate is used as illumination light.
[Disclosure of invention][Problems to be solved by the invention][0009]
However, in the LED illumination light source configured as described above, theLED bare chip 22 generates a large amount of heat accompanying the emission of light.
It is intended that the generated heat be dissipated from the substrate 21 via an element
substrate 31. However, in the practical use of such LED lighting devices, the following
problems remain to be solved.
[0010]As described above, since light flux from each LED bare chip 22 is small, it isnecessary to arrange a substantial number of LED bare chips 22 on the substrate 21 inorder to obtain the desired brightness. Therefore, it is necessary to increase the densityof the LED bare chip 22 to be mounted so as not to increase the size of the substrateeven if a large number of LED bare chips 22 are provided.
[0011]In addition, in order to increase the luminous flux of each LED bare chip 22 as muchas possible, it is necessary to supply to each LED bare chip 22 a current for regular use
29other than illumination (for example, assuming approximately 20mA and a 0.3mm
square LED bare chip, the current density per unit area of larger than approximately
222.2 [mA / mm 2] (overcurrent: for example, assuming approximately 40mA and thesame LED bare chip, the current density per unit area of approximately 444.4 [mA /mm2]). When a large current is supplied to each LED bare chip 22, the calorific valueof the LED bare chip 22 increases, and the temperature of the LED bare chip 22 (bar echip temperature) rises to a high temperature. The bare chip temperature has asignificant effect on the lifespan of the LED bare chip. Specifically, when the bare chiptemperature rises by 10°C, the lifespan of the LED device embedded with the LED barechip 22 is said to be halved.
[0012]For this reason, although it is generally considered that the lifespan of an LED islong, when an LED is used for illumination, this common knowledge is not applicable.
Further, when the temperature of the bare chip increases with an increase in the calorificvalue, there is an issue that the light emission efficiency of the LED bare chip 22 also
decreases.
[0013]For the above reasons, in order to put into practical use an LED lighting device on
which a large number of LED bare chips 22 are mounted in a high density, it is necessary
to realize higher heat dissipation than before and to keep the bare chip temperature low.
In addition, it is also necessary to increase the utilization efficiency of light so that thelight emitted from the LED bare chip 22 can be used as the illumination light without
waste as much as possible.
[0014]In order to solve these problems, conventionally, LED illumination light sources
into which various LED bare chips are integrated have been proposed, but there has
been no LED illumination light source which can sufficiently cope with all of these
problems.
[0015]The issues of conventional LED illumination light sources will be explained inreference to Figures 1 (a) and (b) and Figures 2 (a) and (b). First, there is an issue that,
due to continuous lighting of LEDs, the central part of integrated multiple LED
substrates becomes hot, and the difference in temperature between the central part andthe peripheral part of the LED substrate increases. For example, the configuration
shown in Figure 1 (a) and Figure 2 (a) is employed in a dot matrix LED display. In an
LED display, the plate 23 functions to enhance the contrast of the emission and non 30

emission parts of each LED. In cases of a display, all LEDs do not always reach alighting state with large output, and heat generation does not become a big issue;
however, when it is used as a lighting device, since all of the LEDs maintain a lighting
state for a long time, the issue of heat generation becomes apparent.
[0016]In the above example of a conventional configuration, a resin is used as the materialof the substrate 21 and the plate 23, and the substrate 21 and the plate 23 are integrated.
Therefore, although the thermal expansion coefficients of the substrate 21 and the plate
23 are substantially equal, the thermal conductivity of the normal resin material is low
and heat is easily confined, and therefore, it is not suitable for a lighting device, whichis always lit with large output.
[0017]
Moreover, since there is a temperature difference between the central part and the
peripheral part of the substrate of the integrated substrate 21 and plate 23, a large stressis generated in the peripheral part of the substrate due to the difference in the thermal
expansion coefficient of the materials. When an LED is applied to a lighting device,
stress due to heating is generated whenever the LED is turned on and off, and thus, theelectrode 32a and the electrode 34a of the LED eventually break.""[0021]The present invention has been made in view of such circumstances and aims toprovide an LED illumination light source and an LED lighting device capable ofsimultaneously solving all these problems (achievement of high density, heatdissipation and light utilization efficiency, etc.).
[Means of solving problems][0022]An LED illumination light source of the present invention is an LED illumination
light source in which an LED bare chip having a light emitting unit on an element
substrate is installed on a heat radiation substrate, wherein the light emitting unit of the
LED bare chip is placed on the heat radiation substrate. The peripheral part of the lightemitting surface of the element substrate of the LED bare chip is formed as an inclined
surface having a lower height than the central part.""[Effects of the invention][0056]
Based on the LED illumination light source of the present invention, most of thelight emitted from the light emitting unit is output to the outside witho ut being totallyreflected even at the outer edge part of the light emitting side surface, and the light31

extraction efficiency is improved.
[Best embodiment of the invention][0057]The LED lighting device of the present invention includes a connector electricallyconnected to a detachable card-type LED illumination light source, and a lighting
circuit electrically connected to the card-type LED illumination light source via theconnector, and it can emit illumination light by mounting the card-type LED
illumination light source. As will be described in detail later, a card -type LED
illumination light source has a configuration in which multiple LEDs are mounted on
one side of a substrate having excellent heat dissipation.
[0058]
As was explained concerning conventional LED illumination light sources, if a large
number of LED elements are mounted on a substrate in a high density and a large current
is supplied to each LED element, the calorific value of the LED reaches an excessive
level and the lifespan of the LED is shortened. This issue hinders the practical use of
the LED lighting devices.
[0059]In the present invention, the light source part of the lighting device is const ituted
by a detachable card-shape structure, and the effect of smoothly radiating the heatgenerated in each LED is enhanced, and by making it possible to replace a single lightsource whose lifespan has expired with a new light source, the structure other than thelight source of the LED lighting device can be used for a long period of time.
[0060]
From the viewpoint of improving heat dissipation, it is preferable that the LED be
mounted on one side of a substrate as a bare chip. This is because heat generated in the
LED is transmitted directly to the substrate, and a higher heat dissipation property is
exhibited.""[0065]
As will be described later, when a card-type LED light source and an LED lighting
device of the present invention are used to singly drive blue, green (blue-green), yellow(orange), red, and white LEDs for illumination, it is preferable to provide two electrodes
for each color LED (a total of 10 electrodes).""[0070](Embodiment 1)
Figure 3 (a) is a perspective view of part of an LED lighting device based on thepresent invention, showing a heat sink 19 into which multiple removable card-type LED
32

illumination light sources 10 are fitted.
[0071]
The card-type LED illumination light source 10 is inserted into a predetermined
position through a slot provided on a side surface of the heat sink 19. The heat sink 19
is in thermal contact with the backside of the mounted card-type LED illumination lightsource 10 and dissipates heat from the backside of the substrate of the card -type LED
illumination light source 10 to the outside.""[0076]
Next, reference is made to Figure 3 (b).
[0077]The LED lighting device shown in Figure 3 (b) is a lighting device which can be
replaced with a publicly-known incandescent light bulb, and includes an adapter 20
which supports a card-type LED illumination light source in a detachable manner anda light-transmitting cover 20a which covers the card-type LED illumination light source
in a mounted state. A lighting circuit (not shown) is provided inside the adapter 20. A
feed socket (screw socket) for supplying electric energy from outside to an internal
lighting circuit is provided at the bottom of the adapter 20. The shape and size of thisfeed socket is equal to those of the feed socket provided in a conventional incandescentlight bulb. For this reason, the LED lighting device shown in Figure 3 (b) can be usedas-is mounted on an existing electric appliance in which an incandescent light bulb isfitted. In addition, a pin-type socket may be employed instead of the screw-type socket.
[0078]In the adapter 20 of the LED lighting device shown in Figure 3 (b), there is a slot
to insert a card-type LED illumination light source. A connector (not shown) is placedat the back of the slot, and the card-type LED illumination light source 10 and thelighting circuit are electrically connected via the connector. In the illustrated example,
a slot is provided in the adapter 20, and the card-type LED illumination light source 10
is attached and detached via this slot, but the types of attachment and detachment are
not limited to this. Embodiments of a non-slotted type will be described later. As
described above, since the card-type LED illumination light source 10 shown in Figure
3 (b) has a mechanism where the LED illumination light source can be easily inserted
into and removed from the connector, it is possible to remove the LED illumination
light source from and replace it in the lighting fixture easily. Thus, since the card -type
LED illumination light source 10 is easily removed, there are the following advantages.
[0079]First, by replacing the card-type LED illumination light source 10 with the one with33

a different LED mounting density, it is possible to easily provide a lighting fixture
having a different amount of light emission. Second, even if the card-type LED
illumination light source 10 deteriorates in a short time and the lifespan as the lightsource becomes short, the light source unit alone can be replaced by just replacing thecard-type LED illumination light source 10, in the same way as the replacement of anormal light bulb or a fluorescent lamp.
[0080]
Third, LEDs mounted on the card-type LED illumination light source 10 may bereplaced with those for low correlated color temperature or high correlated color
temperature, or those with individual light colors, such as blue, red, green, yellow, etc.
If an appropriate one is selected from these card-type LED illumination light sources
10, it is possible to switch and control the colors of the light emitted from the LED
lighting device when the selected LED illumination light source is attached to thecorresponding LED lighting device.
[0081]
Furthermore, by mounting LEDs of multiple light colors (two or more types of lightcolors) on the card-type LED illumination light source 10, it is possible to control thelight emission colors by a single card-type LED illumination light source 10 from lightcolors with low correlated color temperature to light colors with high correlated color
temperature. In this case, a light source with a low color rendering property but withhigh efficiency is feasible in cases of a 2-wavelength type using two types of light colors
and it is preferable to adopt a combination of red and blue-green (green) light emission
when the correlated color temperature is low and a combination of blue and yellow(orange) light emission when the correlated color temperature is high. In addition, whena phosphor (e.g., YAG phosphor, etc.) that is excited by blue and has an emiss ion peakat a wavelength between blue and red- light emissions is added to a combination ofLEDs of blue and red- light emissions, a light source with a high efficiency and an
average color rendering index of 80 or more can be realized. In addition, it is preferable
to adopt a combination of blue, blue-green (green), and red light emission in cases of a3-wavelength type using three types of light colors and to adopt a combination of blue,
blue-green (green), yellow (orange), and red light emission in cases of a 4-wavelength
type using four types of light colors; and in particular, in cases of a 4-wavelength type,a light source with a high color rendering where the average color rendering index
exceeds 90 can be realized. The present invention can be applied to cases where an LEDbare chip to be mounted emits a single color or ultraviolet rays or where white light isemitted by exciting a phosphor or phosphorescent materials with an LED bare chip. In
34

addition, a phosphor or phosphorescent materials may be contained in the substrate.
Furthermore, it is also possible to satisfy high efficiency and high color rendering
simultaneously by combining a blue LED, a phosphor or phosphorescent materials thatis excited by blue light, and a red LED.""[0088](Embodiment 2)
Next, an embodiment of a card-type LED illumination light source based on thepresent invention will be described.
[0089]
Figures 4 (a) and (b) show the configuration of the card-type LED illumination lightsource in this embodiment. The card-type LED illumination light source of the present
embodiment is preferably used for the lighting device shown in Figure 3.""[0125]In the aforementioned example, a card-type LED illumination light source of blue
light using an LED bare chip 2 which emits blue light with a GaN-based semiconductor
layer / sapphire element substrate configuration was described. Needless to say, thepresent invention can be applied to a card-type LED illumination light source using
other LED bare chips emitting red light, LED bare chips emitting green light, or LED
bare chips emitting yellow light. In addition, it is needless to say that the present
invention is applicable to a white card-type LED illumination light source in whichthese four types of LED elements are arranged in a mixed manner, and white light andlight with variable colors are provided by controlling the light distribution of thosecolor emitting lights.""[0136](Embodiment 3)
Next, another embodiment of a card-type LED illumination light source based on
the present invention will be described.
[0137]First, referring to Figure 12, a card-type LED illumination light source of the present
embodiment will be described.
[0138]As shown in Figure 12, the card-type LED illumination light source of the present
embodiment includes a metal plate 50, a multilayer wiring substrate 51, and a metal
optical reflection plate 52. The metal plate 50 and the multilayer wiring substrate 51
collectively constitute a single "card-type LED illumination light source.""[0140]35

The back surface of the metal plate 50 is flat and can come into contact with the flat
surface of a component (not shown) having excellent thermal conductivity.""[0188]In this embodiment, the feed electrode is designed to have a substantiallyquadrangular shape taking into account the mechanical errors in contact with theconnector electrode and manufacturing errors of via holes, and is set to have a width of
0.8mm, a length of 2.5mm, and a distance of 1.25mm between centers of t he feed
electrodes. In order to form as many independent circuits as possible on a substrate ofa card-type LED illumination light source, it is preferable that the number of feed
electrodes is larger. In the configuration example of the present embodiment , 16 feed
electrodes can be provided.
[0189]In the case of installing the same number of anode and cathode electrodes forconstant current driving, it is possible to install 6 pieces (3 routes) of backup terminals
after assigning feed electrodes to blue, green (blue-green), yellow (orange), red, andwhite, respectively.""[0192]
Figure 16 is a block diagram showing a configuration example of an LED lighting
circuit. In the illustrated configuration example, a lighting circuit 70 of the card -type
LED illumination light source includes a rectifying/smoothing circuit 71, a voltage
dropping circuit 72, and a constant current circuit 73. The rectifying/smoothing circuit
71 is a publicly-known circuit which is connected to a power source of AC 100V andhas the function of converting an alternating current into a direct current. The powersource is not limited to AC 100V, and a DC power source may be used. When a DC
power source is used, a voltage conversion circuit (step-down and step-up circuit) may
be used instead of using the rectifying/smoothing circuit 71 where a smoothing circuit
and a step-down circuit are combined.""[0213]As described above, in the present embodiment, there is no feed electrode on theback surface of the metal plate of the card-type LED illumination light source, and theback surface of the metal plate is flat. Therefore, it is possible to secure a large contact
area between the metal plate and a component having excellent thermal conductivity(to be installed on the lighting device), and to promote the dissipation of heat from thecard-type LED illumination light source to the outside. It is preferable that the contact
area be a size larger than the area in which the LEDs are arranged (light emission area
or LED cluster area).
36

[0214]In this embodiment, four types of LED bare chips which emit light of different
wavelengths are arranged on one substrate, but the present invention is not limited tothis. The colors (wavelength bands) of emitted light may be one to three types or f ive
or more types. In addition, LED bare chips that respectively emit multiple lights or an
LED bare chip that emits white light by adding a phosphor may be used. Unless the
LED bare chip emitting white light is used, it is generally necessary to cover the
periphery of an LED bare chip with a phosphor for white light emission. In this case, if
the phosphor is enclosed in the space formed by the substrate and the reflector plate,the phosphor can be excited by the LED. Alternatively, a sheet in which a phosp hor isdispersed may be affixed to an upper surface of the reflector plate. Furthermore, thesheet in which the phosphor is dispersed may be formed integrally with the card -type
LED light source using a transparent resin material."[Figure 1]37

[Figure 2][Figure 3][Figure 4][Figure 12][Figure 16](LED lightsource unit)(A copy of the Attachment of the Trial Decision omitted)
38

Step-down circuit

Rectifying / smoothing
circuit(Controlling circuit unit)

Blue LED controlling
constant current circuit

Blue LED group

Green LED controlling
constant current circuit

Green LED group

Yellow LED controlling
constant current circuit

Yellow LED group

Red LED controlling
constant current circuit

Red LED group