Patent
Right

Date
Case number

February 7, 2023
2022 (Gyo-Ke) 10037

Court

Intellectual Property
High Court, Second
Division- A case i n whi ch , rega rdi ng an i nvent i on t i tl ed "ai r-di scharge port
adj us ti ng m echani sm for ai r -condit i oning cl ot hes, cl othes m ai n bod y ofai r-condi ti oning cl ot hes, and ai r -condit i oni ng cl ot hes ", t he J PO deci si on
di s mi s si ng t he request for a t ri al for inval i dati on of t he pat ent was
res ci nded b y st at i ng t hat a person ordi nari l y ski l l ed i n t he art coul d haveeas i l y m ade t he i nvent i on on the basi s of t he prim ar y ci t e d i nvent i on
and t he secondar y ci t ed i nvent i on.
Case type: Rescission of Trial Decision to Maintain
Result: Granted
References: Article 29, paragraph (2) of the Patent Act
Related rights, etc.: Patent No. 6158675
Decision of JPO: Invalidation Trial No. 2020-800103
Summary of the Judgment
1 This case is a suit against a decision which dismissed a request for a trial forinvalidation of a patent of an invention titled "air-discharge port adjusting mechanism
for air-conditioning clothes, clothes main body of air-conditioning clothes, and airconditioning clothes" (Claims 3 to 10).

The decision determined that, on the grounds

for invalidation of lack of inventive step based on the primary cited invention, it cannot
be considered that Invention 3 could have been easily made by a person ordinarily
skilled in the art even by the primary cited invention and design matters, well-known
art, or the secondary cited invention, and Inventions 4 to 10 including all the inventionspecifying matters of Invention 3 could not have been easily made by a person
ordinarily skilled in the art, either.
2 Invention 3
Invention 3 is, in short, an air-discharge port adjusting mechanism for adjusting an
opening degree of an air-discharge port (a port for discharging air flowing through an
air flow path to an outside and formed between a rear collar portion and a rear neckportion of a human body) of air-conditioning clothes (clothes for causing the air to flowin the air flow path formed between them and a human body by using air-blowingmeans), including a first adjusting belt having a first mounting portion and a s econd
adjusting belt having a plurality of second mounting portions, characterized in that the
air-discharge port is formed with the opening degree in multiple stages determined inadvance between the rear collar portion and the rear neck portion of a human body by
mounting the first mounting potion on at least one of the plurality of second mountingiportions.
3 Primary cited invention (publicly worked invention)
The primary cited invention is, in short, means for adjusting an air-discharge spacearound the neck in the air-conditioning clothes including the air-discharge port,
including a string 1 and a string 2, and an air discharge amount can be adjusted by tying
the string 1 and the string 2.
4 In this judgment, since it is found that, as described below, a person ordinarily
skilled in the art could have easily conceived of the configuration of Invention 3 relating
to the difference between Invention 3 and the primary cited invention found in thedecision (hereinafter, referred to as the "difference found in the decision"), thedetermination in the decision different from the above is erroneous and thus, thedecision was rescinded by stating that the determination in the decision that a person
ordinarily skilled in the art could not have easily made the invention on the basis of the
primary cited invention for Inventions 4 to 10 is also erroneous.
(1) Difference between Invention 3 and the primary cited invention
In determination on how easily the configuration of Invention 3 relating to thedifference found in the decision could have been conceived of, it is only necessary to
examine each of the following points related to means for adjusting the degree of
opening of the air discharge port (air-discharge port adjusting mechanism).
A Point that the "first adjusting belt" in Invention 3 "has the first mounting portion"
but the "string 1" in the primary cited invention does not include such configuration
B Point that the "second adjusting belt" in Invention 3 "has a plurality of second
mounting portions corresponding to the shape of the first mounting portion and enabling
mounting to the first mounting portion" but the "string 2" in the primary cited invention
does not include such configuration
C Regarding formation of the air-discharge port, point that Invention 3 is formed"by mounting the first mounting portion on at least one of the plurality of second
mounting portions" but the primary cited invention does not include such configuration
D Regarding the degree of opening of the air-discharge port, point that Invention 3
is "in multiple stages determined in advance" but the primary cited invention does notinclude such configuration(2) Finding of secondary cited invention
In the secondary cited example, it is found that the invention of nursing-care pants(secondary cited invention) including all the configurations corresponding to theconfiguration of Invention 3 relating to the difference is described.
(3) Application of secondary cited invention to primary cited inventionii

A The technical field to which the primary cited invention belongs and the technicalfield to which the secondary cited invention belongs have relevance in a point that they
are the clothes surrounding a part of a body and worn by the body.
B According to the evidence, a person ordinarily skilled in the art who contacted
the primary cited invention is found to recognize a well-known and apparent problem
that adjustment of a length by tying and connecting the two string-shaped members oreven tying and connecting the two string-shaped members itself takes labor and is noteasy, and a person ordinarily skilled in the art is found to recognize this as means forsolving the problem regarding the secondary cited invention and thus, the problem
recognized from the primary cited invention and the problem to be solved by thesecondary cited invention are in common.

A point that the primary cited invention isfor adjusting a size of a space for air discharge around the neck of the air-conditioning
clothes, while the secondary cited invention is for adjusting a size around the waist of
the nursing-care pants (the two are different in what to adjust) does not influence theconclusion on the commonality of the problems (the two are not different in the purposeand effect of adjusting the size of a space formed by clothes by fastening a string-shaped
member).
C As described in the above A and B, it is reasonable to find that a person ordinarily
skilled in the art who contacted the primary cited invention was motivated to employ
the secondary cited invention.
(4) As described above, it is found that a person ordinarily skilled in the art could
have easily conceived of the configuration of Invention 3 relating to the difference andtherefore, it is found that a person ordinarily skilled in the art could have easily
conceived also of the configuration of Invention 3 relating to the difference found in
the decision.

iii

Judgment Rendered on February 7, 2023
2022 (Gyo-Ke) 10037, Case of Seeking Rescission of the JPO Decision
Date of Conclusion of Oral Argument: November 30, 2022
Judgment
Plaintiff: SUN-S Co., Ltd.
Defendant: SFT LABORATORY CO., LTD.

Main Text
1 The JPO decision on the case of Invalidation Trial No. 2020-800103 rendered by theJapan Patent Office on March 30, 2022 shall be rescinded.
2 The Defendant shall bear the court costs.
Facts and Reasons
No. 1

Claim
The same gist as Main Text, paragraph 1

No. 2

Background
This case is a lawsuit against the JPO decision dismissing a request for a trial forpatent invalidation.

The issues are presence / absence of violation of the clarity

requirement, presence / absence of violation of the usurped application or joint
application requirement, and presence / absence of inventive step.
1. Outline of Procedures and the like at the JPO
The Defendant is a patent right holder of the patent (Japanese Patent No.
6158675, hereinafter referred to as "the Patent") for the invention titled "Air -discharge
port adjusting mechanism for air-conditioning clothes, clothes main-body of airconditioning clothes, and air-conditioning clothes" (Exhibit Ko 1).
Regarding the Patent, an application was filed as Patent Application No. 2013 212139 (hereinafter, this application will be referred to as "the Application") on
October 9, 2013 as the date of application (hereinafter, referred to as the "Date ofApplication"), and the establishment was registered (the number of claims was 10) on
June 16, 2017 (Exhibit Ko 1, hereinafter, the description and the drawings at theregistration of establishment related to the Patent shall be referred to as "theDescription").
The Plaintiff made a request for a trial for invalidation of the Patent for the part
pertaining to Claims 3 to 10 in the Patent on October 15, 2020, and the Japan Patent1Office examined the case as case of Invalidation Trial No. 2020-800103.
The Japan Patent Office made a decision that "The request for the trial is notestablished." (hereinafter, referred to as "the Decision") on March 30, 2022, and thecertified copy thereof was delivered to the Plaintiff on April 8 of the same year.
The Plaintiff instituted a suit seeking rescission of the Decision on May 6, 2022.
2. Summary of the Invention according to the Patent (Exhibit Ko 1)
The description in the Scope of Claims (Claims 3 to 10) according to the Patent
is as follows (hereinafter, the invention pertaining to each of the claims shall be called"Invention 3" and the like correspondingly to the numbers of claims, and Inventions 3
to 10 are collectively called "Each of the Inventions").
[Claim 3]
An air-discharge port adjusting mechanism for adjusting an opening degree ofan air discharge port that discharges air flowing through an air flow path to the outside,
formed between a rear collar portion in air-conditioning clothes that causes air to flowin the air flow path formed between the human body and the air-conditioning clothes
by using air blowing means, and a rear neck portion of a human body, comprising:a first adjusting belt that has a first mounting portion and is mounted at a first
position on an inner surface of a cloth of the air-conditioning clothes and on the rearcollar portion or in the periphery thereof; anda second adjusting belt that has a plurality of second mounting portions which
can be mounted with the first mounting portion correspondingly to a shape of the firstmounting portion and is mounted at a second position, which is different from the first
position at which the first adjusting belt is mounted, on the rear collar portion or in the
periphery thereof, whereinby using a pressure of the air flowing in the air flow path by mounting the firstmounting portion on at least any one of the plurality of second mounting portions, theair discharge port is formed with the predetermined opening degree in plural stages
between the rear collar portion and the rear neck portion of the human body.
[Claim 4]
The air-discharge port adjusting mechanism according to Claim 3, wherein
the first mounting portion is mounted on the first adjusting belt so as to oppose
an inner surface of a cloth of the air conditioning clothes.
[Claim 5]
The air-discharge port adjusting mechanism according to Claim 1, 2, 3, or 4,
whereinthe second mounting portion is a through hole.
2[Claim 6]
The air-discharge port adjusting mechanism according to Claim 5, wherein
the first mounting portion is a button.
[Claim 7]
The air-discharge port adjusting mechanism according to Claim 6, wherein
the through hole is a buttonhole fabricated by making a cut line.
[Claim 8]
The air-discharge port adjusting mechanism according to Claim 7, wherein
the buttonhole is formed such that a cutting direction of the buttonhole issubstantially parallel to a longitudinal direction of the rear collar portion.
[Claim 9]
A clothes main-body of an air-conditioning clothes, comprising the air-discharge
port adjusting mechanism according to any one of Claims 1 to 8.
[Claim 10]
Air-conditioning clothes, comprising the air-discharge port adjusting mechanism
according to any one of Claims 1 to 8.
3. Gist of the Reasons Given in the Decision
The gist of the reasons given in the Decision (in the Reason for Invalidation 1(violation of clarity requirement), excluding the part related to the clarity of the"periphery" of Invention 3 and the part related to the clarity of "the second moun tingportion is a through hole" in Invention 5, which the Plaintiff does not assert as thegrounds for the reasons for rescission in this lawsuit) is as follows:(1) Invalidation Reason 1 (violation of clarity requirement)
A. "Air discharge port" in Invention 3(A) The Plaintiff asserts that it is not clear whether the "air discharge port" inInvention 3 refers to the opening portion formed between the rear collar portion and therear neck portion, the one formed by the air-discharge port adjusting mechanism, or theregion surrounded by the collar and the adjusting belt (air-discharge port adjustingmechanism) and what it means.
(B) However, Invention 3 specifies the "air discharge port" as the one "formed
between the rear collar portion of the air-conditioning clothes which causes air to flowin the air flow path formed between it and the human body by using the blowing means
and the rear neck portion of a human body" and "the air discharge port that discharges
air flowing in an air flow path to the outside."
From this specification, the "air discharge port" in Invention 3 is understood as
the one "that discharges air flowing through an air flow path to the outside, formed3

between the rear collar portion of the air-conditioning clothes which causes air to flowin the air flow path formed between it and the human body by using the air blowingmeans and the rear neck portion of a human body."(C) This understanding is consistent with the description in the Description that"in order to distinguish the opening portion formed between the rear collar portion 12
and the rear neck portion from the other air discharge portions, it shall be called 'airdischarge port'." (paragraph [0003]) and the description that "when a retainer 512 ispassed through a through hole 532 and hooked, as shown in Fig. 6, an inner surface ofthe retainer 512 is brought into contact with an outer surface of a second adjusting belt
53 in a formed part of the through hole 532, and the retainer 512 is firmly fixed to thesecond adjusting belt 53.

At this time, a vicinity of the rear collar portion 12 of the

air-conditioning clothes 1 is loosened, and an air discharge port 13 is formed between
the rear collar portion 12 and the rear neck portion of a wearer.

Moreover, if a small

amount of air is to be discharged from the air discharge port 13, the retainer 512 is notmounted in the through hole 532.

In this case, since the opening portion is

automatically ensured to some degree between the rear collar portion 12 and the rearneck portion by the pressure of the air flowing in the air flow path, this opening portion
becomes an air discharge port 13, from which the small amount of air can be discharged
to the outside.

Therefore, by using the air-discharge port adjusting mechanism 50a of

the second embodiment, the wearer can select the opening degree of the air discharge
port 13 from two stages of the opening degrees in accordance with a use purpose of the
air-conditioning clothes 1 and obtain a desired cooling effect." (paragraph [0041]).
(D) The Plaintiff asserts that "the 'air discharge port' is not limited to the one
formed by the 'air-discharge port adjusting mechanism'.

Moreover, since each of theInventions includes a form in which the adjusting belt is not present on the rear collar
portion (form in which the first adjusting belt and the second adjusting belt are mounted
in the periphery of the rear collar portion), it is difficult to understand that the region
surrounded by the collar and the adjusting belt (air-discharge port adjusting mechanism)is the 'air discharge port'.", "According to the description in paragraph [0009] in the
Description, it is described such that the 'air discharge port' is limited to the one formedby the air-discharge port adjusting mechanism.", "According to Fig. 3 and Fig. 6, theregion surrounded by the collar and the adjusting belt (air-discharge port adjustingmechanism) is the air discharge port (13), and the other parts of the opening is notincluded in the air discharge port (13)", and "The description in the Description on the'air discharge port' is not consistent, and a person ordinarily skilled in the art cannot
understand the meaning."
4Thus, the aforementioned assertion will be examined.
As described above, the "air discharge port" in the Invention 3 can be understood
as being the one "formed between the rear collar portion of the air-conditioning clothes
which causes air to flow in the air flow path formed between it and a human body byusing the air blowing means and the rear neck portion of the human body" and is not
the one formed only between the adjusting belt (air-discharge port adjustingmechanism) and the collar.
Moreover, the description in paragraph [0009] in the Description only describesthat there is a case in which the "air discharge port 13" should not be formed by the airdischarge port adjusting mechanism depending on the use purpose of the air conditioning clothes and does not describe that the "air discharge port" is limited to theone formed by the air-discharge port adjusting mechanism and does not contradict the
aforementioned understanding.
Thus, the Plaintiff's aforementioned assertion is groundless.
(E) As described above, the description as the "air discharge port" in Invention
3 is clear.
B. Regarding the "opening degree", "predetermined opening degree in plural
stages" in Invention 3(A) The Plaintiff asserts that, regarding the "opening degree" of the "airdischarge port", since the meaning of the "air discharge port" is not clear as describedin the aforementioned A(A), its meaning and measuring method are not clear.
(B) However, as described in the aforementioned A, the "air discharge port" inInvention 3 is the one "that discharges air flowing through an air flow path to the outside,
formed between the rear collar portion of the air-conditioning clothes which causes air
to flow in the air flow path formed between it and the human body by using the air
blowing means and the rear neck portion of a human body" and what it means is clear.
Moreover, the "opening degree" of the "air discharge port" can be understood tomean the "degree of a size of the opening" between the rear collar portion of the air conditioning clothes and the rear neck portion of the human body", and the"predetermined opening degree in plural stages" can also be understood to mean thatthe "degree of a size of the opening" is present in plural stages.
(C) This understanding is also consistent with the description with the gist thatthe "opening degree" can be indicated in plural stages of the size such that "the degreeof opening of the air discharge port 13 between the rear collar portion 12 and the rearneck portion is small as compared with an amount of the outside air taken from the air
blowing means 11 into the air flow path" in the Description (paragraph [0007]).
5

(D) Moreover, the Plaintiff asserts that, since the measuring method of the"opening degree" of the "air discharge port" of Invention 3 is unclear, the"predetermined opening degree in plural stages" is also unclear.
(E) However, the "predetermined opening degree in plural stages" means that
there are plural stages of "degrees of size of the opening", and they are not limited tothe "opening degrees" expressed in specific numerical values, and indication by the size
is not excluded and thus, even though the measuring method of the "opening degree" isnot described, the "opening degree" of the "air discharge port" in Invention 3 is notconsidered to become unclear.
(F) Therefore, the descriptions of the "opening degree" of the "air discharge port"
in Invention 3, and the "predetermined opening degree in plural stages" are clear.
C. Invention 7
The Plaintiff asserts that "'fabricated by making a cut line' is the description of
the manufacturing method of an article, and since there is no impossible / impracticalcircumstance, it violates the clarity requirement in that point, too."
However, the matter that "the through hole is a buttonhole fabricated by making
a cut line" in Invention 7 can be understood to indicate a structure of the through holeobtained by making a cut line as the buttonhole.
Thus, the description that "a buttonhole fabricated by making a cut line" inInvention 7 is clear.
D. Summary
As described above, Invalidation Reason 1 asserted by the Plaintiff is groundless.
(2) Invalidation Reason 2 (violation of usurped application or joint application
requirement)
A. Inventor
The inventor refers to a person who completed specific technical means for an
invention described in the Scope of Claims, and if the number of persons who conceivedof some technical means and are involved in all the processes for completing it is only
one, only that person is the inventor, but if a plurality of persons are involved in theprocesses, the person who creatively contributed to completion of the featured part ofthe invention in the process is the inventor, and if there are a plurality of such persons,they are all the inventors (joint inventors).

Here, the featured part of the invention isunderstood to refer to a part not found in the prior art; that is, a part on which the means
for solving the problem specific to the invention is based in the inventions described in
the Scope of Claims.
B. Featured part of each of the Inventions
6

When all the descriptions in the Description are considered, the featured part ofeach of the Inventions (hereinafter, referred to as the "Featured Part") is considered tobe:"in an air-discharge port adjusting mechanism for adjusting an opening degreeof an air discharge port that discharges air flowing through an air flow path to theoutside, formed between a rear collar portion in air-conditioning clothes that causes air
to flow in the air flow path formed between the human body and the air-conditioning
clothes by using air blowing means and a rear neck portion of a human body, including
a first adjusting belt that has a first mounting portion and mounted at a first
position on an inner surface of a cloth of the air-conditioning clothes and on the rearcollar portion or in the periphery thereof, anda second adjusting belt that has a plurality of second mounting portions which
can be mounted with the first mounting portion correspondingly to a shape of the firstmounting portion and is mounted at a second position, which is different from the first
position at which the first adjusting belt is mounted, on the rear collar portion or in the
periphery thereof, in whichby using a pressure of the air flowing in the air flow path by mounting the firstmounting portion on at least any one of a plurality of the second mounting portions, theair discharge port is formed with the predetermined opening degree in plural stages
between the rear collar portion and the rear neck portion of the human body."
C. Whether an employee A employed by the Plaintiff (hereinafter referred to as"A") contributed to the completion of the Featured Part or not(A) In the e-mail of July 24, 2013 in Exhibit Ko 67 from the defendant B to A,
for which the Plaintiff also admitted establishment, at the point of time before July 31,
2013, when the e-mail in Exhibit Ko 3-1 was transmitted from A to C, who is an
employee of the Plaintiff (hereinafter, referred to as "C"), the Defendant side refers to"- Button fastening of neck strip".

Since a button and a buttonhole are required forthe button fastening, the idea of the button and the buttonhole is considered to be on the
Defendant's side.
Moreover, Exhibit Ko 67 also has the description that "- Gradual widening ofcollar", and the phrase "gradual widening" in the button fastening means adjustment inplural stages by the button and the buttonhole and thus, the idea of the adjustment of
the air discharge port on the neck in plural stages is also considered to be on the
Defendant's side.
(B) Then, in the Featured Parts, at least the part"in an air-discharge port adjusting mechanism for adjusting an opening degree7

of an air discharge port that discharges air flowing through an air flow path to theoutside, formed between a rear collar portion in air-conditioning clothes that causes air
to flow in the air flow path formed between it and the human body by using air blowingmeans and a rear neck portion of a human body,a first adjusting belt that has a first mounting portion and is mounted at a first
position on an inner surface of a cloth of the air-conditioning clothes and on the rearcollar portion or in the periphery thereof, anda plurality of second mounting portions that can be mounted with the firstmounting portion correspondingly to a shape of the first mounting portion" are provided,"by using a pressure of the air flowing in the air flow path by mounting the firstmounting portion on at least any one of the plurality of second mounting portions, theair discharge port is formed with the predetermined opening degree in plural stage s
between the rear collar portion and the rear neck portion of the human body" isconsidered to be the creative contribution by the Defendant's side.
(C) Subsequently, in the Featured Parts, whether the idea that "the second
adjusting belt having a plurality of the second mounting portions and mounted at asecond position, which is different from the first position at which the first adjusting
belt is mounted, on the rear collar portion or the periphery thereof" was made by A on
the Plaintiff's side will be examined.
The aforementioned feature that A instructed / explained to C and provided in asample sewn by D, who is an employee of the Plaintiff, is the one that "the button isprovided on a satin tape mounted on a shoulder part on the right side", "the buttonholes
are provided at two spots; that is, at a buttonhole tag mounted on the shoulder part on
the left side and a cloth (shoulder facing) on the shoulder part on the left side", and "bymounting the button of an adjusting string at the buttonhole at a different position,loosening formed on the rear collar portion when the adjusting string is connected canbe adjusted in two stages, and the opening degree of the air discharge port formed on
the rear collar portion can be adjusted in two stages".
However, what A instructed / explained on the mounting position of the
buttonhole is the "buttonhole tag mounted on the shoulder part on the left side" and the"cloth (shoulder facing) on the shoulder part on the left side", and they are different
from the one of the Featured Parts in that the plurality of second mounting portions areprovided on the second adjusting belt.
Moreover, the other evidence on the creative contribution by A on the Plaintiff's
side to the second adjusting belt of the Featured Part is not approved, either.
(D) As described above, since A on the Plaintiff's side is not considered to have8

creatively contributed to the completion of the Featured Part, A is not the "inventor" ofeach of the Inventions.
D. Usurped Application(A) B is the inventor
a. Facts pertaining to Patent Application"B" described in Exhibit Ko 1 as the inventor of the Patent is a single inventorof Exhibit Ko 68 pertaining to the "cooling pillow, cooling clothes, and cooling helmet"
filed as an international patent application on December 28, 1998 and a single inventorof the application pertaining to Exhibit Ko 34 pertaining to the "air-conditioning
clothes" filed as a patent application on November 8, 2004 and thus, B can beconsidered to be a person ordinarily skilled in the art of the technical field of airconditioning clothes.
b. Facts of Development
Moreover, Exhibit Ko 65 has descriptions such as "neck string", "[i] buttonholes
at two spots", "[ii] one hole and stopper variable", and "[iii] one hole and stopper fixed"in the item described as "(448)" and has descriptions on the page subsequent to the pageon which this item is described such as "No. 1 ... button and a plurality of button holes","No. 2 variable stopper and one buttonhole", "adjusting belt" and the like.

Byconsidering them together with Exhibit Ko 66 (notebook with the description of "NO652013-5-29" on the cover), the contents of the item described as "(448)" are presumed
to have been described before May 29, 2013.

The contents of this item do not indicate

the whole Featured Part but do not contradict the Application filed with "B" as theinventor.
c. Other Circumstances(a) For seven years from when the Patent was applied for on October 9, 2013
until when the invalidation trial was requested on October 15, 2020, the procedures forappeal on the ground of the usurped application have not been taken.
(b) Moreover, as described in the aforementioned C(A), in Exhibit Ko 67, B on
the Defendant's side referred to the button fastening to the Plaintiff's side, and the idea
is considered to be on the Defendant's side.
d. In view of the aforementioned a to c, there are no rational reasons for doubtingthat the inventor of each of the Inventions is "B", and "B" is considered to be theinventor of each of the Inventions.
(B) Assertion by Plaintiff
The Plaintiff asserts that the person involved in all the processes for conceiving
and completing each of the Inventions is only A, and only A should be the inventor and9thus, "B" is not an inventor.
However, as described in the aforementioned C, A does not creatively contributeto the completion of the Featured Part and cannot be considered to be the "inventor" ofeach of the Inventions and thus, the Plaintiff's assertion has no grounds in the premise .
E. Violation of Joint Application Requirement
The Plaintiff asserts that, even if A, who is an employee of the Plaintiff, is not
the single "inventor" of each of the Inventions and B on the Defendant's side is foundto be involved for some reasons in the creation of the Featured Part, A is at least a joint
inventor of each of the Inventions.
However, as described in the aforementioned C, A does not creatively contributeto the completion of the Featured Part and is not the "inventor" of each of the Inventions.
Therefore, A is not a joint inventor.
F. Summary
As described above, Invalidation Reason 2 asserted by the Plaintiff has no
grounds.
(3) Invalidation Reason 3 (lack of inventive step by publicly worked invention)
A. Finding of the invention publicly worked (hereinafter, referred to as the"Publicly Worked Invention") by the product with the product No. "KU90550" carriedin Exhibit Ko 2 (catalogue "Re. SUN-S Uniform Catalogue volume. 28 2008 SPRING& SUMMER COLLECTION", SUN-S CO., LTD. pages 136 to 139, 200, 201)
The Publicly Worked Invention is found to be as follows.
(Publicly Worked Invention)
In the air-conditioning clothes which causes air to flow through an air flow pathformed between it and a human body by using a fan, including an air discharge port
which is formed between a collar of the air-conditioning clothes and the neck of thehuman body and discharges the air flowing in the air flow path to the outside, means
for adjusting an air discharge space around the neck, including
a string 1 mounted at a first position on an inner surface of a cloth of the air conditioning clothes and on the collar or in a periphery thereof, anda second string 2 mounted at a second position on the collar or in the peripherythereof, which is different from the first position at which the string 1 is mounted, andcapable of adjusting an air discharge amount by tying the two strings (1, 2).
B. Comparison between Invention 3 and Publicly Worked Invention
The Invention 3 and the Publicly Worked Invention match each other in thefollowing Common Feature 1 and are different from each other in Difference 1.
(Common Feature 1)
10

A point that, in the air-conditioning clothes which causes air to flow through the
air flow path formed between it and the human body by using air blowing means, it ismeans for adjusting the opening degree of the air discharge port that discharges air
flowing in the air flow path to the outside and is formed between the rear collar portionand the rear neck portion of a human body.
(Difference 1)
A point that, with regard to the means for adjusting the opening degree of the air
discharge port that discharges air flowing through the air flow path to the outside,
formed between the rear collar portion and the rear neck portion of a human body,Invention 3 is the "air-discharge port adjusting mechanism for adjusting an opening
degree" "including a first adjusting belt that has a first mounting portion and is mounted
at a first position on an inner surface of a cloth of the air-conditioning clothes and on
the rear collar portion or in the periphery thereof and a second adjusting belt that has aplurality of second mounting portions which can be mounted with the first mounting
portion correspondingly to a shape of the first mounting portion and is mounted at asecond position on the rear collar portion or in the periphery thereof, which is different
from the first position at which the first adjusting belt is mounted, and the air discharge
port is formed with a predetermined opening degree in plural stages between the rearcollar portion and the rear neck portion of a human body by using a pressure of the air
flowing in the air flow path by mounting the first mounting portion on at least any oneof the plurality of second mounting portions", while the Publicly Worked Invention isthe "means for adjusting an air discharge space around the neck, including a string 1
mounted at a first position on an inner surface of a cloth of the air-conditioning clothes
and on the rear collar portion or in a periphery thereof, and a second string 2 mounted
at a second position on the rear collar portion or in the periphery thereof, which isdifferent from the first position at which the string 1 is mounted, and capable ofadjusting an air discharge amount by tying the two strings (1, 2)"
C. Determination on Difference 1(A) The Publicly Worked Invention corresponds to the conventional art
described in paragraph [0006] and Fig. 8 in Exhibit Ko 1 (the Description), and theobject to be adjusted by tying in the Publicly Worked Invention needs to be untied once
and to be tied again at the adjustment, and the adjustment to have a knot at a positiondifferent from the position of the previous knot is difficult.

On the other hand, inInvention 3, a change between the current mounting position and the adjacent mounting
position is facilitated by "mounting the first mounting portion on at least any one of theplurality of second mounting portions".
11

(B) As described above, though the Publicly Worked Invention has a merit that
continuous adjustment can be done, it is not suitable for quick adjustment to a different
position, whereas in Invention 3, although it is not suitable for fine adjustment in plural
stages, a change to a different position is easy and thus, the two have technical meanings
different from each other, and there is no motivation to replace the "means for adjusting
an air discharge space around the neck" by tying the two strings of the Publicly Worked
Invention with the "air-discharge port adjusting mechanism" in which "the air discharge
port is formed with the predetermined opening degree in plural stages" by providing"the second adjusting belt" "having a plurality of second mounting portions" ofInvention 3 and by "mounting the first mounting portion or the 'first adjusting belt' on
at least any one of the plurality of second mounting portions".
(C) Moreover, in the light of Exhibit Ko 15 (Unexamined Patent Application
Publication No. 1998-88407), Exhibit Ko 16 (Unexamined Patent Application
Publication No. 1999-46817), Exhibit Ko 17 (Unexamined Patent Application
Publication No. 2003-201611), Exhibit Ko 18 (Unexamined Patent Application
Publication No. 2003-342817), Exhibit Ko 19 (Unexamined Patent Application
Publication No. 2005-137849), Exhibit Ko 20 (Unexamined Patent Application
Publication No. 2007-325851), Exhibit Ko 21 (Unexamined Patent Application
Publication No. 2009-120970), Exhibit Ko 22 (Unexamined Patent Application
Publication No. 2011-161035), Exhibit Ko 23 ("Kojien 7th edition" edited by Izuru
Shinmura (issued on January 12, 2018)), Exhibit Ko 24 (including branch numbers.
"Heibonsha World Encyclopedia

Ver. 10" by Hitachi Digital Heibonsha Co., Ltd.

(1998)), Exhibit Ko 25 ("Button Lexicon" edited by Kazue Abe (1999)), Exhibit Ko 26(Image carried on "Maman-Cool-Baby-Carry-Apron" on Amazon (May 17, 2007 (startdate of handling))), Exhibit Ko 27 ("How to Use Elastic Buttonhole" (a webpage titled
Az-net handcraft) (May 17, 2007 (date of archiving))), Exhibit Ko 28 (National
Publication of International Patent Application No. 2007-515569), Exhibit Ko 29 (U.S.
Patent Application Publication No. 2007 / 0017004 Description), Exhibit Ko 30 (Utility
Model Registration No. 3172651 (issued on January 5, 2012)), Exhibit Ko 31(Unexamined Patent Application Publication No. 2007-39855), Exhibit Ko 32(Unexamined Patent Application Publication No. 2010-94139), Exhibit Ko 33 (Utility
Model Registration No. 3105465 (Issued on October 28, 2004)), Exhibit Ko 34(Unexamined Patent Application Publication No. 2006-132040), Exhibit Ko 35(Unexamined Patent Application Publication No. 2007-270415), Exhibit Ko 36 (CDROM of Unexamined Utility Model Application Publication No. 1992-90691(Unexamined Patent Application Publication No. 1994-42909), Exhibit Ko 37
12

(Unexamined Patent Application Publication No. 2009-167553), Exhibit Ko 38(Unexamined Patent Application Publication No. 2009-138321), Exhibit Ko 39 (threadof "Which is the most convenient for a tie on the back of a bib, strings, a Velcro tape,or a button?" in Yahoo Answers on June 21, 2005), and Exhibit Ko 40 (thread of "Aboutbaby bibs, there are strings, Velcro tapes, buttons, and the like for tying on the neck,but which one is the easiest to use?" in Yahoo Answers" on March 24, 2005) submitted
by the Plaintiff, it can be grasped, respectively, from Exhibits Ko 15 to 22 that the
problem that it takes labor to tie (fasten) two string-shaped members to connect was awell-known and self-evident problem before the Date of Application, and in order tosolve this problem, various more convenient fastening tools had been customarily used
before the Date of Application, from Exhibits Ko 23 to 29 that in the clothing field,
buttons, snap-buttons, Velcro tapes (planar tapes), snap fasteners, and the like hav ebeen well-known as a retainer for connecting two members, from Exhibits Ko 28 to 33
that a length of two string-shaped members (adjusting belts) when connected can be
adjusted in plural stages by mounting one (a button or the like) of the fasteners such as
buttons and the like to any one of the other in plural (a plurality of button holes and thelike) had been well-known and customarily performed, and from Exhibits Ko 28 and 34
to 40 that the buttons, snap-buttons, Velcro tapes (planar tapes), and snap fasteners aredetachable fixing means (fasteners) that can be selected as appropriate by a person
ordinarily skilled in the art.
However, none of Exhibits Ko described above describes or suggests the one inwhich "the air discharge port is formed with the predetermined opening degree in plural
stages" by providing "the second adjusting belt" "having a plurality of second mounting
portions" and by "mounting the first mounting portion 'of the first adjusting belt' on atleast any one of the plurality of second mounting portions" as Invention 3.
(D) Plaintiff's Assertiona. On the assertion based on the design matters of the Publicly Worked Invention
and Exhibits Ko 15 to 40, the Plaintiff asserts that, from Exhibits Ko 15 to 40, in theclothing field, adjustment of the length in plural stages when the two string-shaped
members (adjusting belts) are connected by mounting one (button or the like) of thefastening tool such as buttons in any one of the other in plural (a plurality of buttonholes
and the like) is the well-known and customary matter, and as the fastening tools forconnecting the two members, there are buttons, snap-buttons, Velcro tapes (planar
tapes), snap fasteners, and the like, but they can be selected as appropriate by a person
ordinarily skilled in the art as the detachable fixing means (fastener), and which fastener
to be used is a design matter that can be selected as appropriate by a person ordinarily
13

skilled in the art.
However, as described in the aforementioned (B), there is no motivation to
replace the "means for adjusting an air discharge space around the neck" by tying thetwo strings of the Publicly Worked Invention with the "air-discharge port adjustingmechanism" in which "the air discharge port is formed with the predetermined opening
degree in plural stages" by providing "the second adjusting belt" "having a plurality of
second mounting portions" and by "mounting the first mounting portion 'of the firstadjusting belt' on at least any one of the plurality of second mounting portio ns" ofInvention 3.
Moreover, Exhibits Ko 15 to 40 do not describe the one in which "the air
discharge port is formed with the predetermined opening degree in plural stages" by
providing "the second adjusting belt" "having a plurality of second mounting p ortions"and by "mounting the first mounting portion 'of the first adjusting belt' on at least any
one of the plurality of second mounting portions".
Thus, it cannot be considered that a person ordinarily skilled in the art could have
easily conceived of the configuration of the Invention 3 pertaining to Difference 1 fromthe described matter in Exhibits Ko 15 to 40.
b. Assertion based on Publicly Worked Invention and Well-known Arts of
Exhibits Ko 28 to 33
The Plaintiff asserts that a person ordinarily skilled in the art could have easily
conceived of the configuration of Invention 3 pertaining to Difference 1 by applying to
the Publicly Worked Invention the well-known art indicated in Exhibits Ko 28 to 33 ("afirst adjusting belt 'has a first mounting portion' and a second adjusting belt 'has aplurality of second mounting portions which can be mounted with the first mounting
portion correspondingly to a shape of the first mounting portion', and the first adjusting
belt and the second adjusting belt can adjust the length when being connected by'mounting the first mounting portion on at least any one of the plurality of second
mounting portions'").
However, as described in the aforementioned (B), there is no motivation to
replace the "means for adjusting an air discharge space around the neck" by tying thetwo strings of the Publicly Worked Invention with the "air-discharge port adjustingmechanism" in which "the air discharge port is formed with the predetermined opening
degree in plural stages" by providing "the second adjusting belt" "having a plurality of
second mounting portions" and by "mounting the first mounting portion of the 'firstadjusting belt' on at least any one of the plurality of second mounting portions" ofInvention 3.
14

Moreover, the well-known art exemplified in Exhibits Ko 28 to 33 referred to by
the Plaintiff is not the one that "the air discharge port is formed with the predetermined
opening degree in plural stages" by "mounting the first mounting portion of the 'firstadjusting belt' on at least any one of the plurality of second mounting portions".
Thus, a person ordinarily skilled in the art could not have easily conceived of theconfiguration of Invention 3 pertaining to Difference 1 from the well -known art
exemplified in Exhibits Ko 28 to 33.
c. Assertion based on Matters Described in Publicly Worked Invention andExhibit Ko 28
The Plaintiff asserts that Exhibit Ko 28 describes the invention that "a firstadjusting belt 'has a first mounting portion' and a second adjusting belt 'has a pluralityof second mounting portions which can be mounted with the first mounting portion
correspondingly to a shape of the first mounting portion', and the first adjusting belt
and the second adjusting belt can adjust the length when being connect ed 'by mounting
the first mounting portion on at least any one of the plurality of second mounting
portions" (hereinafter, referred to as the "Exhibit Ko 28 Invention"), and this Exhibit
Ko 28 Invention and the Publicly Worked Invention are inventions belonging to theclothing field, they have common problems / object to adjust the length when the twostring-shaped members are connected and have motivation to apply the Exhibit Ko 28
Invention to the Publicly Worked Invention, and a person ordinarily skilled in the art
could have easily conceived of the configuration of Invention 3 pertaining to Difference
1 by applying the Exhibit Ko 28 Invention to the Publicly Worked Invention.
However, Exhibit Ko 28 has an object to "provide an abdominal-part cover whichfits a body type of a user, has a favorable wearing feeling, does not move after wearing,can maintain a fixed state at all times, and is integrally formed with various types ofclothes or can be easily worn / taken off." (paragraph [0010] in Exhibit Ko 28), and theabdominal-part cover including a fastening string, a button, and a buttonhole in Exhibit
Ko 28 is configured so that a waist size thereof can be adjusted in accordance with the
body type in a state where the cover main-body and the fastening string surround thewaist part of a human body, while the two strings of the Publicly Worked Invention are
for adjusting the air discharge space around the neck without a supporting object insidewhen the two strings are tied and have different purposes and functions in a point that
adjustment is done by surrounding the object when the lengths of the strings are to be
adjusted.
Therefore, there is no motivation to employ the first adjusting belt and the second
adjusting belt of the Exhibit Ko 28 Invention configured such that the waist size can be
15adjusted in accordance with the body type in the state surrounding the waist part of ahuman body in place of the two strings for adjusting the air discharge space around theneck of the Publicly Worked Invention, which is different from that and has nosupporting object inside when being tied.

Moreover, Exhibit Ko 28 does not evenindicate the one for forming the air discharge port with the predetermined opening
degree in plural stages.
Thus, it cannot be considered that a person ordinarily skilled in the art could have
easily conceived of the configuration of Invention 3 pertaining to Difference 1 from the
Exhibit Ko 28 Invention.
d. Assertion based on Matters Described in Publicly Worked Invention andExhibit Ko 30
The Plaintiff asserts that Exhibit Ko 30 describes the invention that "a firstadjusting belt 'has a first mounting portion' and a second adjusting belt 'has a pluralityof second mounting portions which can be mounted with the first mounting portion
correspondingly to a shape of the first mounting portion', and the first adjusting belt
and the second adjusting belt can adjust the length when being connected 'by mounting
the first mounting portion on at least any one of the plurality of second mounting
portions'" (hereinafter, referred to as the "Exhibit Ko 30 Invention"), and this Exhibit
Ko 30 Invention and the Publicly Worked Invention are inventions belonging to theclothing field, they have common problems / object to adjust the lengths when the tw ostring-shaped members are connected and have motivation to apply the Exhibit Ko 30
Invention to the Publicly Worked Invention, and a person ordinarily skilled in the art
could have easily conceived of the configuration of Invention 3 pertaining to Differ ence
1 by applying the Exhibit Ko 30 Invention to the Publicly Worked Invention.
However, Exhibit Ko 30 has an object "to provide caring pants which can beeasily worn by a person who uses the caring pants by himself / herself even in a standing
attitude, a state in which the pants are worn is not conspicuous in appearance andmoreover, which can be easily manufactured by simplifying manufacturing processes"(paragraph [0011] in Exhibit Ko 30), and the caring pants including a band strap and afastening member such as a button of Exhibit Ko 30 are configured capable of being
adjusted in accordance with a size around the waist with individual differences in astate where the waist string and the band strap surround the waist part of a human body,while the two strings of the Publicly Worked Invention are for adjusting the air
discharge space around the neck without a supporting object inside when the two strings
are to be tied and have different purposes and functions in a point that adjustment ismade by surrounding the object when the lengths of the strings are to be adjusted.
16

Therefore, there is no motivation to employ the first adjusting belt and the second
adjusting belt of the Exhibit Ko 30 Invention which can be adjusted in accordance withthe size around the waist with individual differences in a state surrounding the waist
part of a human body in place of the two strings for adjusting the air discharge spacearound the neck in the Publicly Worked Invention, which is different from that and has
no supporting object inside when being tied.

Moreover, the one which forms the air

discharge port with the predetermined opening degree in plural stages is not evenindicated in Exhibit Ko 30.
Thus, a person ordinarily skilled in the art could not have conceived of theconfiguration of Invention 3 pertaining to Difference 1 from the Exhibit Ko 30
Invention.
D. As described above, a person ordinarily skilled in the art could not have madeInvention 3 on the basis of the design matters of the Publicly Worked Inve ntion andExhibits Ko 15 to 40, the well-known art in the Publicly Worked Invention and Exhibits
Ko 28 to 33, the matters described in the Publicly Worked Invention and Exhibit Ko 28,
or the matters described in the Publicly Worked Invention and Exhibit Ko 30.
E. Inventive Step of Inventions 4 to 10
All of Inventions 4 to 10 include all the invention specifying matters of Invention
3, and a person ordinarily skilled in the art could not have made Invention 3 on the basisof the design matters of the Publicly Worked Invention and Exhibits Ko 15 to 40, thewell-known art in the Publicly Worked Invention and Exhibits Ko 28 to 33, the mattersdescribed in the Publicly Worked Invention and Exhibit Ko 28, or the matters describedin the Publicly Worked Invention and Exhibit Ko 30 and thus, Inventions 4 to 10 could
not have been made by a person ordinarily skilled in the art, either.
F. Summary
As described above, Invalidation Reason 3 asserted by the Plaintiff is groundless.
(4) Invalidation Reason 4 (lack of inventive step by the invention described in
Exhibit Ko 34)
A. Finding of the invention described in Exhibit Ko 34 (hereinafter referred toas the "Exhibit Ko 34 Invention")
The Exhibit Ko 34 Invention is found to be as follows.
(Exhibit Ko 34 Invention)
A cloth portion which covers a predetermined part of a body and guides air along
a surface of the body to a space between it and the body,
air blowing means for causing the air to flow in the space between the cloth
portion and the body, and17

a flow-path expanding portion which expands a flow path of the air by deflecting
a part of the cloth portion are provided, in which
the flow-path expanding portion has one ends of planar tapes 80a, 80b mounted
at each of two spots on an inner side of the cloth portion separated from each other byan arbitrary distance, and a size of this flow path is adjusted by adjusting a length when
the two planar tapes 80a, 80b are connected, whereby an amount of the air can be
adjusted, andthe flow-path expanding portion can be formed immediately below a collar on arear side of the air-conditioning clothes, whereby the air is reliably caused to flow to
the part on the rear side of the collar, and an upper part of a back part and the rear sideof the neck part can be effectively cooled.
B. Comparison between Invention 3 and Exhibit Ko 34 Invention
Invention 3 and the Exhibit Ko 34 Invention are in common in the following
Common Feature 2 and are different in Difference 2.
(Common Feature 2)
A point that, regarding the air-conditioning clothes which causes air to flow in
the air flow path formed between it and the human body by using air blowing means,means for adjusting an amount of the air caused to flow to the rear side of the collar isprovided.
(Difference 2)
A point that, regarding the means for adjusting the amount of the air caused toflow to the rear side of the collar, Invention 3 is the "air-discharge port adjustingmechanism" "including a first adjusting belt that has a first mounting portion andmounted at a first position on an inner surface of a cloth of the air-conditioning clothes
and on the rear collar portion or in the periphery thereof and a second adjusting beltthat has a plurality of second mounting portions which can be mounted with the firstmounting portion correspondingly to a shape of the first mounting portion and ismounted at a second position, which is different from the first position at which thefirst adjusting belt is mounted, on the rear collar portion or in the periphery thereof inwhich, by using a pressure of the air flowing in the air flow path by mounting the firstmounting portion on at least any one of the plurality of second mounting portions, theair discharge port is formed with the predetermined opening degree in plural stages
between the rear collar portion and the rear neck portion of the human body", while the
Exhibit Ko 34 Invention is the "air-flow path expanding portion" "having one ends ofplanar tapes 80a, 80b mounted at each of two spots on an inner side of the cloth portion
separated from each other by an arbitrary distance, and a size of this flow path is18

adjusted by adjusting a length when the two planar tapes 80a, 80b are connected,
whereby an amount of the air can be adjusted," and "can be formed immediately below
a collar on a rear side of the air-conditioning clothes, whereby the air is reliably caused
to flow to the part on the rear side of the collar, and an upper part of the back part andthe rear side of the neck part can be effectively cooled".
C. Determination on Difference 2(A) Invention 3 is the one which adjusts the amount of air discharged from theair discharge port formed between the collar and the neck to the outside, while in the
Exhibit Ko 34 Invention, as described in paragraph [0018] in Exhibit Ko 34, the amountof air discharged to the outside is adjusted by a degree of opening of the cut -in partprovided on a sleeve or the like, and the "air-flow path expanding portion" is the one
for adjusting the amount of air flowing in a space on the rear side of the collar, and the"air-discharge port adjusting mechanism" of Invention 3 and the "air-flow pathexpanding portion" of the Exhibit Ko 34 Invention are different in technical meaning.
Thus, there is no motivation to change the "air-flow path expanding portion" in
the Exhibit Ko 34 Invention constituted by the two planar tapes, configured to adjust
the amount of air flowing in the space on the rear side of the collar to the "air-discharge
port adjusting mechanism" of Invention 3 configured such that the amount of air
discharged from the air discharge port to the outside is adjusted.
Moreover, as described in the aforementioned (3)C(C), none of Exhibits Ko 15
to 40 describes the one including "the second adjusting belt" "having a plurality of
second mounting portions" and that "an air discharge port is formed with thepredetermined opening degree in plural stages" by "mounting the first mounting portionof 'the first adjusting belt' on at least any one of the plurality of second mounting
portions".
(B) The Plaintiff asserts that the aforementioned Difference 2 is only the design
matters of Exhibits Ko 15 to 40, that it could have been easily conceived of from the
combination with the well-known art in Exhibits Ko 28 to 33, that it could have been
easily conceived of from the combination with the matters described in Exhibit Ko 28,
or that it could have been easily conceived of from the combination with the mattersdescribed in Exhibit Ko 30.
However, the "design matters of Exhibits Ko 15 to 40", the "well-known art in
Exhibits Ko 28 to 33", the "matters described in Exhibit Ko 28", and the "mattersdescribed in Exhibit Ko 30" asserted by the Plaintiff are as described in the
aforementioned (3)C(D) a to d, and as described in the aforementioned (A), there is no
motivation to change the "air-flow path expanding portion" in the Exhibit Ko 34
19

Invention constituted by the two planar tapes, configured to adjust the amount of air
flowing in the space on the rear side of the collar to the "air-discharge port adjustingmechanism" of Invention 3 configured such that the amount of air discharged from theair discharge port to the outside is adjusted.
Moreover, as described in the aforementioned (3)C(C), none of Exhibits Ko 15
to 40 describes the one including "the second adjusting belt" "having a plurality of
second mounting portions" and that "an air discharge port is formed with thepredetermined opening degree in plural stages" by "mounting the first mounting portionof 'the first adjusting belt' on at least any one of the plurality of second mounting
portions".
D. Therefore, Invention 3 could not have been made by a person ordinarily
skilled in the art on the basis of the design matters of the Exhibit Ko 34 Invention andExhibits Ko 15 to 40, the well-known art in the Exhibit Ko 34 Invention and Exhibits
Ko 28 to 33, the matters described in the Exhibit Ko 34 Invention and Exhibit Ko 28,
or the matters described in the Exhibit Ko 34 Invention and Exhibit Ko 30.
E. Inventive Step of Inventions 4 to 10
All the Inventions 4 to 10 include all the invention specifying matters ofInvention 3, and Invention 3 is not the one, as described in the aforementioned D, that
could have been made by a person ordinarily skilled in the art on the basis of the design
matters of the Exhibit Ko 34 Invention and Exhibits Ko 15 to 40, the well-known art in
the Exhibit Ko 34 Invention and Exhibits Ko 28 to 33, the matters described in the
Exhibit Ko 34 Invention and Exhibit Ko 28, or the matters described i n the Exhibit Ko
34 Invention and Exhibit Ko 30 and thus, Inventions 4 to 10 could not have been madeby a person ordinarily skilled in the art, either.
F. Summary
As described above, Invalidation Reason 4 asserted by the Plaintiff is groundless.
(omitted)
No. 5

Judgment of this court
1. Outline of Each of the Inventions(1) Description in the Description
The Description has the following description.

[Technical Field][0001]The present invention relates to, in an air discharge port that discharges air
20

flowing through air-conditioning clothes to the outside and is formed between a rearcollar portion in the air-conditioning clothes and the rear neck portion of a human body,an air-discharge port adjusting mechanism for adjusting an opening degree thereof.
[Background Art]
[0002]
Recently, air-conditioning clothes which evaporates sweat from a human bodyby causing air to flow through an air flow path formed between it and the human bodyby using air blowing means has been put into practical use. ... Figure 7 is a diagram for
explaining a flow of air in the air-conditioning clothes, and Fig. 8 is a diagram for
explaining an air discharge portion formed between a rear collar portion and a rear neckportion of a human body in the conventional air-conditioning clothes.

On a hem ofthis air-conditioning clothes 1, a belt with elasticity is mounted, and a fastener for
opening / closing is provided on a front side of the air-conditioning clothes 1.
Moreover, on a lower part of the air-conditioning clothes 1, two units of the air blowingmeans 11, 11 are mounted.

Here, as the air blowing means 11, a fan having a propeller

is used.
[0003]
When the two air blowing means 11, 11 are operated after the belt is fastened
and the fastener is closed, as shown in Fig. 7, outside air is taken into the airconditioning clothes 1 from each of the air blowing means 11.

Then, the taken -in

outside air flows upward in the air flow path in parallel to the human body and isdischarged from an air discharge portion.

Here, as the air discharge portion, an

opening portion between a front collar portion of the air-conditioning clothes 1 and afront neck portion of a human body, an opening portion between a rear collar portion
12 of the air-conditioning clothes 1 and a rear neck portion of the human body, and an
opening portion between a sleeve portion of the air-conditioning clothes 1 and an arm
portion of the human body are provided.

Of these opening portions, the opening

portion between the rear collar portion 12 and the rear neck portion is formed clearly,
unlike the other opening portions, and moreover, is more important than the otheropening portions in a point that an air discharge amount is the largest.

In the following,in order to discriminate the opening portion formed between the rear collar portion 12
and the rear neck portion from the other air discharge portions, it will be called "airdischarge port".
[0004]
While the outside air taken into the air-conditioning clothes 1 flows through the
air flow path, the sweat from the human body can be evaporated, and a temperature on21

the body surface can be lowered by an evaporation heat upon the evaporation.
Therefore, in order for the air-conditioning clothes 1 to have the cooling function to act
efficiently, it is necessary that resistance received by the air flowing through the air
flow path from the air discharge portion is made smaller, and a large amount of air
flows in parallel to the human body.

Moreover, a wearer of the air-conditioning

clothes 1 may want to adjust a cooling effect of the air-conditioning clothes 1 depending
on a use purpose.

Thus, the conventional air-conditioning clothes 1 includes amechanism for adjusting an opening degree of each of the air discharge portions.

Here,due to the nature of the air discharge portion, although the opening degree of each of
the air discharge portions cannot be expressed clearly in numerical values, the larger
the opening degree is, the smaller the resistance received by the air from the air
discharge portion becomes, and the amount of air discharged from the air discharge
portion becomes larger.

... In the conventional air-conditioning clothes 1, as shown in

Fig. 8, a pair of adjusting strings 21 for widening or narrowing an interval between therear collar portion 12 and the rear neck portion is provided.

An end part of each of

the adjusting strings 21 is mounted on an inner surface of the rear collar portion 12.
By tying the pair of the adjusting strings 21 and adjusting the length thereof, an air
discharge port 13 is formed between the rear collar portion 12 and the rear neck portion,and the opening degree of the air discharge port 13 can be adjusted.
[Summary of Invention][Technical Problem][0006]As described above, in the conventional air-conditioning clothes 1, as themechanism for adjusting the opening degree of the air discharge port 13 between therear collar portion 12 and the rear neck portion, as shown in Fig. 8, the one which
provides loosening in the vicinity of the rear collar portion 12 by tying the pair ofadjusting strings 21 so as to be a desired length is used.

However, actually, it isextremely difficult to achieve the desired length by tying the pair of adjusting strings
21, and most of the wearers cannot properly adjust the opening degree of the air
discharge port 13 between the rear collar portion 12 and the rear neck portion and thus,
it has been difficult to exert the performance of the air-conditioning clothes 1
sufficiently.
[0009]
Therefore, realization of a new air-discharge port adjusting mechanism which
can easily adjust the opening degree of the air discharge port 13 between the rear collar
portion 12 and the rear neck portion has been in demand.
22

Such new air-discharge portadjusting mechanism needs to satisfy the following requirements: (1) it does not hinder
washing; (2) the air discharge port 13 can be reliably formed; (3) it can be fabricatedinexpensively; and (4) when the air discharge port 13 does not have to be formed, it
does not hinder a user.

Here, even without forming the air discharge port 13 between

the rear collar portion 12 and the rear neck portion by the new air-discharge port
adjusting mechanism, when the air blowing means 11 is operated, some degree of the
opening portion is automatically ensured by a pressure of the air between the rear collar
portion 12 and the rear neck portion and thus, there is a case in which it is better not toform the air discharge port 13, depending on the use purpose.
[0010]The present invention was made in view of the aforementioned circumstancesand has an object to provide an air-discharge port adjusting mechanism which can easilyadjust an opening degree of an air discharge port formed between a rear collar portionof air-conditioning clothes and a rear neck portion of a human body.
[Solution to Problem][0013]
Moreover, a second invention for achieving the aforementioned object is,regarding an air discharge port that discharges air flowing through an air flow path tothe outside, formed between a rear collar portion of air-conditioning clothes whichcauses air to flow in the air flow path formed between it and a human body by using air
blowing means and a rear neck portion of the human body, an air-discharge port
adjusting mechanism for adjusting the opening degree, including a first adjusting beltthat has a first mounting portion and is mounted at a first position on an inner surface
of a cloth of the air-conditioning clothes and on the rear collar portion or in a peripherythereof and a second adjusting belt that has a plurality of second mounting portions
which can be mounted with the first mounting portion accordingly to a shape of the firstmounting portion and is mounted at a second position different from the first position
at which the first adjusting belt is mounted, on the rear collar portion or in a peripherythereof, characterized in that the air discharge port is formed with the predetermined
opening degree in plural stages between the rear collar portion and the rear neck portionof the human body by using a pressure of the air flowing in the air flow path bymounting the first mounting portion on at least any one of the plurality of second
mounting portions.
[0014]In the air-discharge port adjusting mechanism according to the second invention,by means of the aforementioned configuration, only by mounting the first mounting
23

portion on the second mounting portion, loosening is ensured in the vicinity of the rearcollar portion of the air-conditioning clothes, and the air discharge port can be formed
easily.

Moreover, the opening degree of the air discharge port can be easily adjusted

in plural stages depending on which of the second mounting portions the first mounting
portion is mounted.

Furthermore, since the second adjusting belt having the second

mounting portion is provided, when the first mounting portion is mounted on the second
mounting portion, the first mounting portion stays inside the air-conditioning clothes
and is not seen from the outside and thus, its appearance is not damaged.
[Advantageous Effects of Invention][0015]
According to the air-discharge port adjusting mechanism according to the present
invention, the air discharge port can be easily formed in the vicinity of the rear collar
portion of the air-conditioning clothes, and the opening degree of the air discharge port
can be simply adjusted in plural stages.
[Description of Embodiments][0035][Second Embodiment]
Subsequently, the air-discharge port adjusting mechanism, which is a second
embodiment of the present invention, will be explained.

Fig. 4 is a schematic planview of air-conditioning clothes including the air-discharge port adjusting mechanismof the second embodiment being expanded and seen from the inside, Fig. 5 is aschematic plan view of a first adjusting belt and a second adjusting belt in the airdischarge port adjusting mechanism of the second embodiment, and Fig. 6 is aschematic diagram illustrating a collar portion of the air-conditioning clothes in which
the air discharge port is formed by the air-discharge port adjusting mechanism of thesecond embodiment, when seen from above. ...
[0036]
The air-discharge port adjusting mechanism 50a of the second embodiment is, as
shown in Fig. 4, provided in the air-conditioning clothes 1 having an ordinary collar
portion 2a in which the collar can be folded back.

Here, in Fig. 4, regarding the collar

portion 2a, a state in which a folding-back part P is not folded back but is spread isshown.
2a.

Moreover, in Fig. 6, the folding-back part P is not shown for the collar portion

In the second embodiment, the air-discharge port adjusting mechanism 50a is

provided not at a center part (rear collar portion 12) of the collar portion 2a but at apredetermined spot in the periphery of the rear collar portion 12, or more specificallyat a spot slightly below the rear collar portion 12.
24This is because, although depending

on the shape of the air-conditioning clothes, in the ordinary air-conditioning clothes, inorder to smoothly discharge the air flowing in the air flow path from the air di scharge
port to the outside, it is rational to provide the air discharge port slightly below the rearcollar portion 12 rather than on the rear collar portion.
[0037]
This air-discharge port adjusting mechanism 50a of the second embodiment
includes, as shown in Figs. 4, 5, and 6, a first adjusting belt 51a and a second adjusting
belt 53.

The first adjusting belt 51a has, as shown in Fig. 5A, a first band -shaped

member 511a and a retainer 512 provided on one of end parts of the first band -shaped
member 511a.

In the second embodiment, too, a button is used as the retainer 512.

The other end part of the first band-shaped member 511a is a mounting portion 513 formounting at a predetermined first position on an inner surface of a cloth of the air conditioning clothes 1 and the periphery of the rear collar portion 12.

Here, the firstadjusting belt 51a is disposed so that the retainer 512 is opposed to the inner surface ofthe cloth of the air-conditioning clothes 1 and a longitudinal direction of the first bandshaped member 511a is substantially in parallel to the longitudinal direction of thecollar portion 2a, and the mounting portion 513 of the first band-shaped member 511a
is sewn at the first position.
[0038]The second adjusting belt 53 has, as shown in Fig. 5B, a second band-shaped
member 351 and one through hole 532 for mounting the retainer 512 by being engaged
with the retainer 512, formed on one of end parts of the second band -shaped member
531.

As the second band-shaped member 531, a cloth with strength is preferably used.

Moreover, the through hole 532 corresponds to an engaging portion of the present
invention.

This through hole 532 is a buttonhole fabricated with a cut line.

A cut -indirection of this buttonhole is a direction substantially in parallel with the longitudinal
direction of the second band-shaped member 531.

The other end part of the second

band-shaped member 531 is a mounting portion 533 to be mounted at a predeterminedsecond position on the inner surface of the cloth of the air-conditioning clothes 1 andin the periphery of the rear collar portion 12, which is different from the first position
at which the first adjusting belt 51a is mounted.

Here, the second adjusting belt 53 isdisposed so that the longitudinal direction of the second band-shaped member 531 issubstantially in parallel with the longitudinal direction of the collar portion 2a and thethrough hole 532 is located on the side of the first adjusting belt 51a, and the mounting
portion 533 of the second band-shaped member 531 is sewn at the second position.
Therefore, when the second adjusting belt 53 is mounted on the inner surface of the25

cloth of the air-conditioning clothes 1, the cut-in direction of the buttonhole becomes
substantially in parallel with the longitudinal direction of the rear collar portion 12.
[0039]As described above, in the second embodiment, the through hole 532 is notdirectly formed in the cloth of the air-conditioning clothes 1, but the second adjusting
belt 53 is mounted on the inner surface of the cloth of the air-conditioning clothes 1,
and the through hole 532 is provided in this second adjusting belt 53.
of the following reason.

This is because

That is, the part slightly below the rear collar portion 12

where the air-discharge port mechanism 50a is provided is, unlike the collar portion 2a,
normally constituted by a sheet of cloth and thus, if a through hole is directly provided
at this part, sufficient strength cannot be obtained at the part and moreover, when theretainer is mounted in the through hole, the retainer is exposed to the outside of the airconditioning clothes, which damages the appearance.
[0040]
It is assumed that a length of the first adjusting belt 51a from the mounting
portion 513 of the first band-shaped member 511a to the retainer 512 is L3, a length of
the second adjusting belt 53 from the mounting portion 533 of the second band -shaped
member 531 to the through hole 532 is L4, and a distance along the cloth of the air conditioning clothes 1 from the first position where the first adjusting belt 51a ismounted (the mounting portion 513 of the first band-shaped member 511a) to thesecond position where the second adjusting belt 53 is mounted (the mounting portion
533 of the second band-shaped member 531) is L5.

The lengths of the first adjusting

belt 51a and the second adjusting belt 53, and the first position as well as the second
position are designed to be L3 + L4 < L5.

That is, the total length of the length L3 ofthe first adjusting belt 51a from the mounting portion 513 of the first band-shaped
member 511a to the retainer 512 and the length L4 of the second adjusting belt 53 fromthe mounting portion 533 of the second band-shaped member 531 to the through hole
532 is shorter than the distance L5 along the cloth of the air-conditioning clothes 1 fromthe first position where the first adjusting belt 51a is mounted to the second position
where the second adjusting belt 53 is mounted.
[0041]
By passing the retainer 512 through the through hole 532 and by hook ing it, asshown in Fig. 6, an inner surface of the retainer 512 is brought into contact with anouter surface of the second adjusting belt 53 in the part where the through hole 532 isformed, and the retainer 512 is firmly fixed to the second adjusting belt 53.

At thistime, the vicinity of the rear collar portion 12 of the air-conditioning clothes 1 is26

loosened, and the air discharge port 13 is formed between the rear collar portion 12 andthe rear neck portion of the wearer.

Moreover, when a small amount of air is to bedischarged from the air discharge port 13, the retainer 512 is not mounted in the throughhole 532.

In this case, since some degree of the opening portion is automaticallyensured by the pressure of the air flowing through the air flow path between the rearcollar portion 12 and the rear neck portion, this opening portion becomes the air
discharge port 13, and the small amount of air can be discharged to the outside from
here.

Therefore, by using the air-discharge port adjusting mechanism 50a in thesecond embodiment, the wearer can select the opening degree of the air discharge port
13 in accordance with the use purpose of the air-conditioning clothes 1 from the opening
degrees in two stages and obtain a desired cooling effect.
[0044]
The air-discharge port adjusting mechanism in the second embodiment includes
the first adjusting belt that has the retainer provided on one of the end parts of the firstband-shaped member and the other end part of the first band-shaped member mounted
at the predetermined first position on the inner surface of the cloth of the air conditioning clothes and in the periphery of the rear collar portion and the second
adjusting belt that has the through hole formed in one of end parts of the second band shaped member, which is engaged with the retainer and in which the retainer is mounted,
and the other end part of the second band-shaped member mounted at the predeterminedsecond position on the inner surface of the cloth of the air-conditioning clothes and in
the periphery of the rear collar portion, which is different from the first position atwhich the first adjusting belt is mounted, and the total length of the length of the firstadjusting belt from the other end part of the first band-shaped member to the retainer
and the length of the second adjusting belt from the other end part of the second band shaped member to the through hole is shorter than the distance along the cloth of the
air-conditioning clothes from the first position where the first adjusting belt is mounted
to the second position where the second adjusting belt is mounted.

As a result, only

by mounting the retainer in the through hole, loosening is ensured in the vicinity of therear collar portion of the air-conditioning clothes, whereby the air discharge port canbe formed easily and reliably.

Moreover, the opening degree of the air discharge port

can be easily adjusted in two stages in accordance with whether the retainer is mounted
in the through hole or is not mounted in the through hole.

Furthermore, by providing

the second adjusting belt having the through hole, the retainer remains inside the air conditioning clothes when the retainer is mounted in the through hole and is not seenfrom the outside and thus, the appearance is not damaged.
27

[0046][Other Embodiments]
Note that the present invention is not limited to each of the aforementioned
embodiments but is capable of various variations within a range of the gist.
[0048]... In the aforementioned second embodiment, the case in which the one throughhole is provided in the second adjusting belt was explained, but two or more throughholes may be provided in the second adjusting belt.

The greater the number of throughholes that are provided, the finer the opening degree of the air discharge port can be
adjusted.
[0049]... In the aforementioned second embodiment, the case in which the firstadjusting belt and the second adjusting belt are constituted by the band-shaped members,
respectively, was explained, but it may be so configured that the first adjusting belt isconstituted by a string-shaped member or the second adjusting belt is constituted by astring-shaped member.

Moreover, in the aforementioned second embodiment, due tothe structure of the air-conditioning clothes, there may be a cloth around a collar portion,and in this case, this cloth can be used as the second adjusting belt.
[0050]
Moreover, in each of the aforementioned embodiments, the case in which abutton is used as the retainer, and a buttonhole is used as the through hole (engaging
portion) was explained, but the present invention is not limited to those, and a dedicatedretainer may be used.

In this case, by using the one corresponding to the dedicatedretainer as the engaging portion, convenience when the retainer is mounted on theengaging portion is further improved.

For example, a planar fastener may be used as

the retainer and the engaging portion, or various snaps and hooks made of metal or aresin may be used.
[Industrial Applicability][0052]As described above, in the air-discharge port adjusting mechanism of the present
invention, the air discharge port can be easily formed in the vicinity of the rear collar
portion of the air-conditioning clothes, and the opening degree of the air discharge port
can be simply adjusted in plural stages.

Therefore, the present invention is suitablefor use as a mechanism for adjusting the opening degree of the air discharge port formedin the vicinity of the rear collar portion of the air-conditioning clothes.

28

29

[Fig. 4][Fig. 5]

[Fig. 6]30

[Fig. 7][Fig. 8]31

(2) Outline of Each of the Inventions
According to the description in the aforementioned (1), the outline of each of theInventions is recognized to be as follows.

That is, each of the Inventions relates to, in

the air discharge port (an outlet to discharge the air flowing in the air-conditioning
clothes to the outside) formed between the rear collar portion and the rear neck portionof a human body of the air-conditioning clothes (clothes which can cool the body bycausing sweat from the human body to evaporate by causing the air to flow in t he air
flow path formed between it and the human body by using the air blowing means), an
air-discharge port adjusting mechanism for adjusting the opening degree thereof.

Inthe conventional air-conditioning clothes, the opening degree of the air discharge port
is adjusted by tying a pair of adjusting strings mounted on the inner surface of the rearcollar portion and by adjusting the lengths thereof, but actually, it is extremely difficult
to have the desired length by tying the pair of adjusting strings, and most of the wearers
cannot properly adjust the opening degree of the air discharge port and thus, there wasa problem in that the performance of the air-conditioning clothes cannot be exerted
sufficiently.

With a purpose of solving such problem and of providing an air-discharge port adjusting mechanism which can simply adjust the opening degree of the
air discharge port, each of the Inventions employs such a configuration that, in the air discharge port adjusting mechanism for adjusting the opening degree of the air
discharge port of the air-conditioning clothes, there are provided the first adjusting beltthat has the first mounting portion and is mounted at the first position on the innersurface of the cloth of the air-conditioning clothes and on the rear collar portion or in
the periphery thereof and the second adjusting belt that has a plurality of the second
mounting portions which can be mounted with the first mounting portion32

correspondingly to a shape of the first mounting portion and is mounted at the second
position different from the first position at which the first adjusting belt is mounted, on
the rear collar portion or in the periphery thereof, and by using a pressure of the air
flowing in the air flow path by mounting the first mounting portion on at least any oneof the plurality of second mounting portions, the air discharge port is formed with thepredetermined opening degree in plural stages between the rear collar portion and therear neck portion of the human body.

As a result, each of the Inventions exerts such

effects that the air discharge port can be easily formed in the vicinity of the rear collar
portion of the air-conditioning clothes, and that the opening degree of the air discharge
port can be simply adjusted in plural stages.
2. Grounds for Rescission 3 (related to erroneous determination on lack ofinventive step by Publicly Worked Invention / Invalidation Reason 3)
In view of the case, determination shall be made from the Grounds for Rescission
3.
(1) Publicly Worked Invention
A. Description of Exhibit Ko 2
Exhibit Ko 2 has the following description.
(A) Air-conditioning clothes
The principle of "physiological cooler" is used, and refreshing feeling spreads
over the whole body
A human being sweats when the body temperature rises, and an evaporation heatgenerated at evaporation lowers the body temperature.

This mechanism called"physiological cooler" is used in the air-conditioning clothes.

Air is caused to flow

between the body and the uniform so as to promote evaporation of sweat.

The body

temperature and humidity are adjusted to a comfortable level for each individual.
Even in summer, since there is no need to drastically lower the room temperature by acooler, not only an energy-saving effect but even prevention of a cooling sickness canbe expected (page 136).
(B) Diagram titled "flow of air (image)" (page 136)

33

Flow of air (image)(C) Introduction of products of product number "KU90550" and the like (page 139)

34

Material: Polyester 100%
Long-sleeve staff blouson (in three colors) without fan
Long-sleeve staff blouson (in three colors) with fan
Water pressure resistance 500 mm or more (initial)
Water-repellency 100 points (initial) / 80 points (20 washes)

Water repellant Moisture permeation

Open priceOpen price
Dress length
Sleeve length
Chest circumference

Fastener / front: plastic (handle: metal)
Button / plastic

Blue

SilverSaxe

Back style

Material: Cotton 100%
Long-sleeve work blouson (in three colors) without fan
Long-sleeve work blouson (in three colors) with fan

Inner pocket withpen pocket
Cotton 100%

Open priceOpen priceBasic

For those who would like an item without a fan,place an order with KU90520.

Cotton 100% thin cloth
Dress length
Shoulder width
Sleeve length
Chest circumference*Beware: This is made of a natural material.
Colors might come out in some cases.
Fastener / front: plastic (handle: metal)

For those who would like an item without a fan, Light blue
place an order with KU90550.

Moss green

Dark blue
Back style

Material: Cotton 100%
Long-sleeve work blouson (in one color) without fan
Long-sleeve work blouson (in one color) with fan

Left sleeve with pen pocket
Cotton 100%

Open priceOpen priceCotton 100% thick cloth
Dress length
Shoulder width
Sleeve length
Chest circumference*Beware: This is made of a natural material.
Colors might come out in some cases.
Fastener / front: plastic (handle: metal)

For those who would like an item without a fan,place an order with KU90560.

Dark blue
Back style

Left sleeve with pen pocket

B. Description in Exhibit Ko 41 ("Handling Manual for Air-Conditioning
Clothes" related to the product with the stock number "KU90550" and the like made by
SUN-S Co., Ltd. and another company (printed on April 19, 2005))
Exhibit Ko 41 has the following description.
35

(A) Handling Manual for Air-Conditioning Clothes
KU90520, KU 90530, KU90540, KU90550, KU90560 in common
Features of this product[Mechanism of this product]
The air-conditioning clothes is a goods for cool and comfortable life by taking
the outside air into the clothes by two small-sized fans mounted around the left andright waists and by cooling the body by an evaporation heat caused by evaporation ofsweat.

(2) The taken-in outside air flows in
the clothes along the body whileevaporating sweat.

(3) The warm and wet air having passed
through the clothes is discharged fromaround the neck or the cuffs.

(1) The small-sized fan takes in theoutside air into the wind.

Package contents and name of each part
Please check the contents of the box and make sure that the following items are
all packaged. ...

36

Clothes
String for adjusting air discharge amountTag
Inner pocket

Control box
Jack

SwitchFan mounting port

Cord retainer

Fans (two pieces) Claw

Cable
Plug
Jack
Plug

Front

Side

(1 page so far)(B) e. Adjust air discharge amount around the neck[10] The two strings mounted on the collar are for adjusting the air discharge
space around the neck.

By tying the strings, the interval between the neck and thenape can be widened, and the air discharge amount from the nape can be increased.
Please make adjustment as you like.

[10] Adjust the air discharge amountaround the neck by strings.

37

(2 pages so far)C. Finding of Publicly Worked Invention
According to the descriptions in the aforementioned A and B, the Publicly
Worked Invention is found to be as found in the JPO decision (No. 2, 3(3)A describedabove)(2) Comparison between Invention 3 and the Publicly Worked Invention
A. When Invention 3 and the Publicly Worked Invention are compared, as thefinding by the JPO decision (No. 2, 3(3)B described above), regarding the means foradjusting the opening degree of the air discharge port (air-discharge port adjustingmechanism), the two inventions are found to include the following configurations,
respectively.
(A) Invention 3"An air-discharge port adjusting mechanism for adjusting an opening degree""including a first adjusting belt that has a first mounting portion and is mounted at afirst position on an inner surface of a cloth of the air-conditioning clothes and on therear collar portion or in the periphery thereof and a second adjusting belt that has aplurality of second mounting portions which can be mounted with the first mounting
portion correspondingly to a shape of the first mounting portion and is mounted at asecond position different from the first position at which the first adjusting belt ismounted, on the rear collar portion or in the periphery thereof, in which by using apressure of the air flowing in the air flow path by mounting the first adjusting portion
on at least any one of the plurality of second mounting portions, the air discharge port
is formed with the predetermined opening degree in plural stages between the rear collar
portion and the rear neck portion of the human body"(B) Publicly Worked Invention"Means for adjusting an air discharge space around the neck, including a string
1 mounted at a first position on an inner surface of a cloth of the air-conditioning clothes
and on the rear collar portion or in a periphery thereof, and a string 2 mounted at asecond position on the rear collar portion or in the periphery thereof, which is different
from the first position at which the string 1 is mounted, and capable of adjusting an air
discharge amount by tying the two strings (1, 2)"
B. The configurations of both inventions pertaining to the means for adjusting
the opening degree of the air discharge port as described in the aforementioned A (air discharge port adjusting mechanism) will be further examined.
38

(A) It is found that the "first adjusting belt" and the "second adjusting belt" ofInvention 3 are fastened so as to adjust the opening degree of the air discharge port,
while according to the description in Exhibit Ko 41 (aforementioned (1)B(B)), the"string 1" and the "string 2" of the Publicly Worked Invention are also fastened so as
to adjust the air discharge space and to adjust the air discharge amount and thus, the"string 1" and the "string 2" of the Publicly Worked Invention correspond to the "firstadjusting belt" and the "second adjusting belt" of Invention 3.
(B) The "first adjusting belt" in Invention 3 is "mounted at the first position on
the inner surface of the cloth of the air-conditioning clothes and on the rear collar
portion or in the periphery thereof", while the "string 1" of the Publicly Work ed
Invention is also "mounted at the first position on the inner surface of the cloth of the
air-conditioning clothes and on the rear collar portion or the periphery thereof" and thus,
the two inventions are in common in this point.
(C) The "second adjusting belt" of Invention 3 is "mounted at a second positionon the rear collar portion or the periphery thereof which is different from the first
position at which the first adjusting belt is mounted", while the "string 2" of the Publicly
Worked Invention is also "mounted at a second position on the rear collar portion or in
the periphery thereof, which is different from the first position at which the string 1 ismounted" and thus, the two inventions are in common in this point.
(D) As described in Exhibit Ko 41 (aforementioned (1)B(B)), the "air discharge
space around the neck" of the Publicly Worked Invention can widen the interval
between the neck and the nape so as to increase the air discharge amount from the nape,and it is obvious that this corresponds to the "air discharge port" of Invention 3 andmoreover, according to the description in Exhibit Ko 41 (same as above), the"adjustment" of the "air discharge amount" and the "adjustment" of the "air -discharge
space" in the Publicly Worked Invention are found to be done by the adjustment of the
opening degree of the "air discharge space around the neck" and thus, the "means foradjusting the air discharge space around the neck, capable of adjusting the air discharge
amount" of the Publicly Worked Invention corresponds to the "air-discharge port
adjusting mechanism for adjusting the opening degree", in which "the air discharge port
is formed" "between the rear collar portion and the rear neck portion of the humanbody" of the Invention.
(E) According to the description in Exhibit Ko 2 (aforementioned (1)A(B)) andthe description in Exhibit Ko 41 (aforementioned (1)B(A)), the "air discharge spacearound the neck " of the Publicly Worked Invention is found to be formed by using apressure of the air flowing through the inside of the air-conditioning clothes and thus,
39the Publicly Worked Invention is considered to include such configuration that "the air discharge port is formed" "by using the pressure of the air flowing in the air flow path"in Invention 3.
(F) According to the above, in determination on how easily the configuration of
Invention 3 pertaining to Difference 1 could have been conceived of, it is considered to
be only necessary to examine each of the following points related to the means foradjusting the opening degree of the air discharge port (air-discharge port adjustingmechanism) (hereinafter, each of these points shall be collectively referred to as the"Difference").
a. Point that the "first adjusting belt" of Invention 3 "has the first mounting
portion", whereas the "string 1" of the Publicly Worked Invention does not include suchconfigurationb. Point that the "second adjusting belt" of Invention 3 "has a plurality of thesecond mounting portions which can be mounted with the first mounting portion
correspondingly to a shape of the first mounting portion" but the "string 2" of the
Publicly Worked Invention does not include such configurationc. Point that, regarding the formation of the air discharge port, in Invention 3, it
is formed "by mounting the first mounting portion on at least any one of the pluralityof second mounting portions", while the Publicly Worked Invention does not have suchconfigurationd. Point that, regarding the opening degree of the air discharge port, Invention 3
has the one "predetermined in plural stages", while the Publicly Worked Invention does
not have such configuration(G) Regarding the points, the Defendant asserts that, in finding of the differences
between Invention 3 and the Publicly Worked Invention, "adjustment of the opening
degree of the air discharge port formed between the rear collar portion of the air conditioning clothes and the rear neck portion of the human body in plural stages" andthe "mechanism for adjusting the length (configuration related to the first mounting
portion, the second mounting portion, the first adjusting belt, and the second adjustingbelt)" should be integrally considered to be the difference.
However, there is no reason to prohibit analytical finding of the difference
related to each of the members themselves of the Patent Invention and the major citedinvention (the difference related to the "mechanism for adjusting the length" asserted
by the Defendant) and the difference related to the method of the member and the result
when it is used (the difference related to "adjustment of the opening degree of the air
discharge port in plural stages") asserted by the Defendant) for the invention with each40

of the members constituting the air-discharge port adjusting mechanism of the airconditioning clothes as in Invention 3, the use method thereof, and the result when it isused as the invention specifying matters, and besides that point, regarding the formationof the air discharge port, the Difference in the aforementioned (F) does not eliminatethat Invention 3 has the configuration "by mounting the first mounting portion on atleast any one of the plurality of second mounting portions", unlike the Publicly Worked
Invention, and regarding the opening degree of the air discharge port, Invention 3 has
the one "predetermined plural stages" (aforementioned (F)c and d), unlike the Publicly
Worked Invention.
As described above, the aforementioned assertion by the Defendant cannot be
accepted.
(3) Invention described in Exhibit Ko 30
A. Description in Exhibit Ko 30
Exhibit Ko 30 has the following description.
[Claim 1]
Caring pants formed using a flat fabric, characterized in that a pants main -body having
an inseam portion and a front cover portion as well as a rear cover portion an d having
a spreading fan shape from front and rear of the inseam portion is formed in an expanded
shape, a band strap having a length surrounding the waist of a user, with an excess
length, is connected to both end parts of the spreading fan shape of the r ear cover
portion, a fastening member for detachable fixation in a state the length is adjusted inaccordance with the waist circumference of the user is provided at each end part of theband strap, and a fixing member which detachably connects the two end parts to eachother is provided on the both end parts of the front cover portion and the two end partsof the rear cover portion.
[Claim 3]
The caring pants according to Claim 1 or 2, wherein the fastening member provided on
the two end parts of the band strap or the fixing member provided on the two end partsof the front cover portion and the two end parts of the rear cover portion detachably
connect both of the fastening member such as a planar fastener, a snap button, a button,or the like, or the fixing member.
[Technical Field][0001]The present device relates to caring pants which is made of a flat -shaped fabricand can be replaced easily by a person in need of nursing care or a person with atendency of incontinence himself / herself.
41

[Summary of Device][Technical Problem][0008]As described above, even those in need of nursing care are required to wear thepants by themselves in some cases.

At that time, in order to wear the flat -shaped

diapers as in Patent Document 1 in the standing attitude, in a state where either one of
the right-front body part and the left-front body part is caused to follow the body andbe retained, it is necessary to pull the other of the right-front body part and the leftfront body part and to overlap them, and then to connect them.
[0009]
Moreover, in a state where a covering part, which is a front end part of the pants,
hangs down to the rear of the body, it is necessary to hold the covering part with theother hand, to pull it out of the inseam, and to place it on the lower part of the abdomen
part.

Therefore, the work for the user in the standing attitude to wear the pants byhimself / herself is difficult, and the work requires unexpected labor.
[0010]
Moreover, the caring pants in Patent Document 1 can be worn in a state notdifferent from ordinary pants, but the right-front body part, the left-front body part, andthe covering part of the pants overlap one another in front of the abdomen part, and theswollen caring pants can be seen conspicuously from above trousers or a skirt wornover the pants or worn clothes, which is inconvenient.
[0011]
This device was made in view of the aforementioned circumstances and has an
object to provide caring pants which can be easily worn by a user even when the user
is in a standing attitude and moreover, whose appearance is not conspicuous when wornand furthermore, which can be easily manufactured by simplifying manufacturing
processes.
[Solution to Problem][0012]In order to achieve the aforementioned objects, the caring pants in Claim 1 ofthe present device is characterized in that a pants main-body having an inseam portion
and a front cover portion as well as a rear cover portion formed having a spreading fan
shape from front and rear of the inseam portion is formed in an expanded shape, a band
strap having a length surrounding the waist of the user, with an excess length, isconnected to both end parts of the spreading fan shape of the rear cover portion, afastening member for detachable fixation in a state where the length is adjusted in42accordance with the waist circumference of the user is provided at each end part of theband strap, and a fixing member which detachably connects the two end parts to eachother is provided on the two end parts of the front cover portion and the two end partsof the rear cover portion.
[0014]
Moreover, the caring pants in Claim 3 of the present device is characterized inthat the fastening member provided on the both end parts of the band strap or the fixing
member provided on both end parts of the front cover portion and both end parts of therear cover portion detachably connects both of the fastening member such as a planar
fastener, a snap button, a button, or the like, or the fixing member in Claim 1 or 2.
[Advantageous Effects of the Device][0025]
Moreover, in the caring pants of the present device, by detachably fixing in astate where the wearing length of the band strap is adjusted by using the fastening
member such as a planar fastener, a snap button, a button, or the like as the fixing
member provided on both end parts of the band strap or both end parts of the front cover
portion and both end parts of the rear cover portion, the caring pants can be worn inaccordance with the size around the waist with individual differences .
[Description of Embodiments][Embodiment 1][0031]
Regarding the caring pants 1 in this embodiment, as shown in Fig. 1 or Fig. 2, apants main-body 5 can be manufactured by forming the expanded shape having an
inseam portion 2 and a front cover portion 3 as well as a rear cover portion 4 formed
having a spreading fan shape from front and rear of the inseam portion 2 by using a flat
cloth material.
[0033]
Moreover, in the caring pants 1 of the present device, lengthy band straps 6a, 6b
formed having a length surrounding the waist of the user, with an excess length, arefixed to both end parts of the spreading fan shape of the rear cover portion 4 by sewing
and the like.

These lengthy band straps 6a, 6b are constituted by a plain-woven fabricor may be constituted by flat-shaped rubber string having rubber elasticity.
[0034]In the configuration as above, when the band straps 6a, 6b are fixed along theend parts of the rear cover portion 4 by sewing and the like, it may be so configuredthat the entire band straps 6a, 6b are constituted by elastic flat-shaped rubber strings,
43

and using both ends thereof, lengths required as the band straps 6a, 6b are taken fromboth ends of the rear cover portion 4.
[0035]
Moreover, it may be so configured that an elastic or non-elastic flat-shaped waist
string 10 is fixed only to a peripheral edge of the rear cover portion 4, whereas the non elastic band straps 6a, 6b are fixed only by the required lengths from the two ends ofthe rear cover portion 4.
[0036]
Moreover, at each of the end parts of the band straps 6a, 6b on both sides,
fastening members 7a, 7b for detachable fixation are provided in a state where thelength is adjusted in accordance with the waist circumference of the user.

As thefastening members 7a, 7b, a planar fastener, a snap button, a button, or the like is fixed,
and at a position where it is fixed with respect to the lengthy planar fastener or aplurality of snap buttons or buttons, the wearing lengths of the band straps 6a, 6b are
adjusted so as to deal with the size around the waist with individual differences.
[0038]
Note that the drawing shown in Fig. 1 is a drawing in which the short planar
fastener 7a is used on the end part of the one band strap 6a, and the lengthy planar
fastener 7b is used on the end part of the other band strap 6b as the fastening members
7a, 7b and the fixing members 8a, 8b, 9a, 9b.
[0039]
Moreover, the drawing shown in Fig. 2 is a drawing in which the one button 7ais used on the end part of the one band strap 6a, and a plurality of buttons 7b are usedon the end part of the other band strap 6b as the fastening members 7a, 7b and the fixing
members 8a, 8b, 9a, 9b.
[0048]
Furthermore, in the caring pants 1 of the present device, since the lengthy planar
fastener, the plurality of snap buttons, the plurality of buttons, or the like are used asboth end parts of the band straps 6a, 6b or the fastening members 7a, 7b provided on
both end parts of the front cover portion 3 and both end parts of the rear cover portion
4, by detachably fixation in the state where the wearing lengths of the band straps 6a,6b are adjusted, wearing in accordance with the size around the waist with individual
differences is made possible.
[Fig. 1]44

[Fig. 2]

B. Invention Described in Exhibit Ko 30(A) As described in the aforementioned A, in the caring pants 1 described in
Exhibit Ko 30, the lengthy "band strap 6a" and "band strap 6b" are provided on bothend parts of the rear cover portion 4, and since these "band strap 6a" and "band strap
6b" are provided so as to adjust their wearing lengths for the purpose of obtaining such
effect that the caring pants 1 can be worn in accordance with the size around the waist
45

with individual differences, it can be considered that they correspond to the "fi rst
adjusting belt" and the "second adjusting belt" of Invention 3, respectively.
(B) As described in the aforementioned A, the "band strap 6a" described in Fig.
2 in Exhibit Ko 30 has the "button 7a" provided as the fastening member, and it isobvious that this corresponds to the "first mounting portion" provided in the "firstadjusting belt" in Invention 3.
(C) As described in the aforementioned A, the "band strap 6b" described in Fig.
2 in Exhibit Ko 30 has a plurality of the "buttons 7b" provided as the fastening members,
and since the "button 7a" and the "button 7b" are detachably attached to each other, it
can be considered that the "buttons 7b" are a plurality of members which can bemounted with the "button 7a" correspondingly to a shape of the "button 7a".

Moreover,it is obvious that the "button 7b", which is the fastening member provided on the "bandstrap 6b" corresponds to the "second mounting portion" provided on the "second
adjusting belt" in Invention 3.

As described above, the "button 7b" described in Fig.

2 in Exhibit Ko 30 can be considered to correspond to the "plurality of second mounting
portions which can be mounted with the first mounting portion correspondingly to theshape of the first mounting portion" in Invention 3.
(D) As described in the aforementioned A, the "button 7a" described in Fig. 2 in
Exhibit Ko 30 is fitted in any one of the plurality of "buttons 7b" and thus, it can beconsidered that Exhibit Ko 30 discloses the configuration corresponding to theconfiguration that "the first mounting portion is mounted on at least any one of theplurality of second mounting portions" in Invention 3.
(E) According to the description in the aforementioned A, the wearing lengthsof the "band strap 6a" and the "band strap 6b" can be considered to become
predetermined in plural stages depending on which of the "button 7b" the "button 7a"
described in Fig. 2 in Exhibit Ko 30 is fitted.

Therefore, it can be considered that

Exhibit Ko 30 discloses the configuration corresponding to the configuration"predetermined in plural stages" in Invention 3.
(F) As described above, it is reasonable to find that Exhibit Ko 30 describes theinvention of the caring pants (hereinafter, referred to as the "Exhibit Ko 30 Invention'")including all the configurations corresponding to the configuration of Invention 3
pertaining to the Difference(4) Application of Exhibit Ko 30 Invention' to Publicly Worked Invention
A. Relevance of Technical Field(A) According to each of the descriptions in the aforementioned (1)A and B andthe aforementioned 1(1), it is found that the Publicly Worked Invention belongs to the46technical field of the air-conditioning clothes (clothes which can cool a human body by
evaporating sweat from the human body by causing air to flow through an air flow pathformed between it and the human body by using air blowing means), while, according
to the description in the aforementioned (3)A, the Exhibit Ko 30 invention' is found tobe the invention belonging to the technical field of the caring pants.

Although the air-conditioning clothes and the caring pants have different shapes and use purposes, they
have relevance in a point that both are "clothes" worn on the body by wrapping a partof the body (note that the Defendant does not dispute this point, either).
(B) Regarding this point, the Defendant asserts that the technical mattersdescribed in Exhibit Ko 30 are not related to the air discharge port of the air conditioning clothes and thus, the technical field to which the Publicly Work ed
Invention belongs does not completely match the technical field to which the technicalmatters described in Exhibit Ko 30 belongs, and the relevance between the two is small.
However, since the air-conditioning clothes are also clothes, a person ordinarily
skilled in the art pertaining to the air-conditioning clothes usually takes considerationof various prior arts related to the clothes and thus, regarding the relevance in thetechnical fields to which both belong, which should be considered in examin ation onwhether or not there is motivation to apply the Exhibit Ko 30 Invention' to the Publicly
Worked Invention, it is too narrow-minded to construe that the relevance between thetwo is small if details such as the "air discharge port of the air-conditioning clothes"should match, and it is not reasonable.
Therefore, the Defendant's aforementioned assertion cannot be accepted.
B. Commonality of Problems(A) Problem recognized from Publicly Worked Invention
a. Description in Exhibit Ko 15
Exhibit Ko 15 has the following description.
[0001][Technical Field] The present invention relates to improvement of ski pants worn forsnow skiing, or in more detail, to ski pants in which an upper edge of a connectedcylindrical cloth on slightly upward inner surface of a hem portion is mounted, and acylindrical tightening band is mounted on a lower edge of this connected cloth.
[0002][Background Art] Conventionally, means for preventing creeping-up of a hem portionof ski pants have been taken.

That is, the hem portion of the ski pants can easily creep

up with movement of a leg, and when it creeps up, snow or water droplets enter thro ugha space between the hem portion of the ski pants and a ski boot and give an
47

uncomfortable feeling, and the creeped-up ski pants are extremely poor in appearance
in the ski fashion with an emphasis on styles.
[0003] Specific prevention measures included the following.

[i] configuration inwhich, after thin strings are mounted at two spots with an interval in a peripheral
direction on an outer surface of a hem portion slightly upward of ski pants, the ski pants
and ski boots are worn in a loosened state and then, the hem portions of the ski pants
are bound above the ski boots with the two strings so as to bring the ski pants and theski boots into close contact ... .
[0004][Technical Problem] However, in the aforementioned configuration in [i], fastenin g of
the strings is bothersome and binding of thin strings in a state with ski gloves worn ona ski slope at a low temperature is difficult, and depending on the length of the stringor the fastening strength, the creeping-up prevention function of the hem portion is not
sufficiently exerted, or, to the contrary, not only that ankles are unnecessarily restrained
and free movement is hindered, but also there are untidiness of the hanging excess string
and inexpediency that the strings are untied during use.
b. Description in Exhibit Ko 16
Exhibit Ko 16 has the following description.
[0001][Technical Field] This invention relates to a drawcord included in clothes or the like.
[0002][Background Art] In clothes such as sweat pants, loose-fitting pants, and the like, forexample, drawcords for adjusting a dimension of a waist portion are usually provided.
The drawcord is formed by passing a string along an inside of the waist portion, andthe end parts of the string are extended from two opening portions provided at spots
corresponding to an abdomen portion in the waist portion, respectively.

That is, it isconfigured such that, by drawing each of the end parts of the string from the opening
portion together, the waist portion is narrowed, and the dimension around the waist
portion is reduced, while the dimension of the waist portion is increased by sending theend part of the string into the inside of the opening portion.
[0003] Incidentally, in the aforementioned sweat pants and the like, when they are worn
/ taken off or washed in the aforementioned state, there is a large concern that the end
part of the string gets into the opening portion and thus, in order to prevent that, eachof the two end parts of the string is usually tied tightly in advance or the like so as toform a so-called ball with substantially the same size as the opening portion or the end
parts of the string are tied into a bow after the adjustment of the waist portion.
48

[0004][Technical Problem] However, the means of forming a ball at each of the end parts,
respectively, had inconvenience that handling thereof becomes cumbersome such that
tip end parts become bulky and cannot be tied into a bow easily or the like.

On theother hand, the means of tying the end parts into a bow had inconvenience in that the
bow needs to be tied each time when the sweat pants or the like are worn / taken off orthe dimension of the waist portion is adjusted, which requires cumbersome work.
c. Description in Exhibit Ko 17
Exhibit Ko 17 has the following description.
[0001][Technical Field] The present invention relates to a one-touch separate-type Obi which
can be easily worn / taken off.
[0002][Background Art] A major type of conventional one-touch separate-type Obi was
configured such that a body wrapping part is wrapped twice around the trunk and thenfixed by being tied with strings, and a tied part was also fixed by tying with strings.
[0003][Technical Problem] However, since the conventional one-touch separate-type Obi isattached by tying with strings after being wrapped around the trunk twice, knots of the
Obi and strings can be loosened or become too tight, which makes it difficult to adjust
wearing feeling, and since a material of the string is mainly cotton or muslin, it isawkward if it is seen.

Thus, particularly the string supporting the knot part should becovered by the Obi sash, and in the current times when Kimonos are no longer often
worn, development of simple one-touch separate-type Obi which can be easily worn /taken off is in demand.
d. Description in Exhibit Ko 18
Exhibit Ko 18 has the following description.
[0001][Technical Field] The present invention relates to ... a wearing band for "aprons suchas an apron, a front cover, and the like " to be worn on a front surface of a body duringcooking and the like.
[0002][Background Art] Regarding an apron worn on a body when cooking, cleaning, and thelike, a form used by being worn and set on the body by a wearing string wound aroundthe neck or wrapped around the waist of a wearer has been spread for a long time. ...
[0003]
49

[Technical Problem] The conventional aprons described above ... require a work ofadjusting the length of the wearing strings, tying and setting them in accordance withthe body shape and the body size specific to a wearer at each time of wearing, and thewearing and taking-off works are bothersome and inconvenient.
e. According to each of the descriptions in the aforementioned a to d, at the timeof the Date of Application, in the technical field of the clothes, it is found that there
was a well-known and self-evident problem that adjustment of the length by tying andconnecting two string-shaped members or tying and connecting of the two string-shaped
members itself is cumbersome and not easy (Note that as in the aforementioned 1(1),the Description also has a description as the problem which is present at the time of theDate of Application that the tying of a pair of adjusting strings to a desired length isextremely difficult, and most wearers cannot properly adjust the opening degree of the
air discharge port).
Then, in view of the configuration itself of the Publicly Worked Invention
belonging to the technical field of the clothes (the configuration that "the string 1
mounted at a first position on an inner surface of a cloth of the air-conditioning clothes
and on the collar or in a periphery thereof and" "a string 2 mounted at a second positionon the collar or in a periphery thereof, which is different from the first position at which
the string 1 is mounted, are provided" and "an air discharge amount can be adjusted bytying the two strings (1, 2)"), and according to the description in Exhibit Ko 41 that"widens the interval between the neck and nape" (aforementioned (1)B(B)) and theillustration that the string is on the rear of the neck (same as above), it is reasonable toadmit that a person ordinarily skilled in the art at the time of the Date of Application,
who contacted the Publicly Worked Invention, would have recognized theaforementioned problem.
(B) Problems to be Solved by Exhibit Ko 30 Invention'
As described in the aforementioned (3)A, the Exhibit Ko 30 Invention' is the one
in which, by employing the configuration that the "button 7a" is provided on the "bandstrap 6a" and the plurality of "buttons 7b" on the "band strap 6b", respectively, and the"button 7a" is fitted in any one of the plurality of "buttons 7b", and the wearing lengthsof the "band strap 6a" and the "band strap 6b" are adjusted, whereby wearing of thecaring pants 1 in accordance with the size around the waist with individual differences
is made possible, and by also considering that Exhibit Ko 30 has the description on easeof wearing (paragraphs [0008], [0009], [0011]), and the well-known and self-evident
problems as in the aforementioned (A)e were present in the technical field of the clothes
at the time of the Date of Application, it is reasonable to find that a person ordinarily
50

skilled in the art at the time of the Date of Application could have recognized the Exhibit
Ko 30 Invention' as means for solving the problem that the adjustment of the length bytying and connecting the two string-shaped members is bothersome and not easy.
(C) As described in the aforementioned (A) and (B), it is reasonable to find thatthe problem recognized from the Publicly Worked Invention and the problem solved by
the Exhibit Ko 30 Invention' are in common.
(D)a. In this regard, the Defendant asserts that the problem of the Publicly
Worked Invention is to form the opening portion of the air discharge port and isdifferent in nature and is different from the technical matters described in Exhibit Ko
30.
However, as described in each description in the aforementioned (1)A and B, thePublicly Worked Invention is the one including the "string 1" mounted at a first positionon the inner surface of the cloth of the air-conditioning clothes and on the collar or ina periphery thereof and the "string 2" mounted at a second position on the collar or aperiphery thereof, which is different from the first position at which the "string 1" ismounted, in which the size of the air discharge space formed between the neck and thenape is adjusted by tying the "string 1" and the "string 2", and by also considering thatthe well-known and self-evident problems as described in the aforementioned (A)e were
present in the technical field of the clothes at the time of the Date of Application, it isfound that a person ordinarily skilled in the art at the time of the Date of Application,
who contacted the Publicly Worked Invention, could have recognized that the problemof the Publicly Worked Invention is that the adjustment of the length by tying andconnecting the "string 1" and the "string 2", which is means for adjusting the size of the
air discharge space, is bothersome and not easy.

On the other hand, as described in

the aforementioned (B), regarding the Exhibit Ko 30 Invention', a person ordinarily
skilled in the art at the time of the Date of Application is found to recognize this as themeans for solving the problem that the adjustment of the length by tying and connecting
the two string-shaped members is bothersome and not easy and thus, it is reasonable tofind that the problem recognized from the Publicly Worked Invention and the problem
solved by the Exhibit Ko 30 Invention' are in common.

The fact that the Publicly

Worked Invention is the one for adjusting the size of the air discharge space around theneck of the air-conditioning clothes, whereas the Exhibit Ko 30 Invention' is the one
for adjusting the size around the waist of the caring pants; that is, the fact that the two
are different in what to adjust, does not influence the aforementioned conclusion related
to the commonality of the problem (the two are not different in the purpose or effect ofadjusting the size of the space formed by the clothes by fastening the string-shaped51

members).
Therefore, the aforementioned assertion by the Defendant cannot be accepted.
b. The Defendant asserts that the problem of the Invention 3 is novel and this canbe a circumstance that denies the commonality between the problem of the Publicly
Worked Invention and the problem of the technical matter described in Exhibit Ko 30.
However, even if the problem of Invention 3 is novel, it does not influence theproblem recognized from the Publicly Worked Invention or the problem to be solvedby the Exhibit Ko 30 Invention' and thus, the aforementioned assertion by the Defendantcannot be accepted.
C. Presence / absence of motivation to apply Exhibit Ko 30 Invention' to Publicly
Worked Invention(A) As described in the aforementioned A and B, it is reasonable to find that aperson ordinarily skilled in the art at the time of the Date of Application, who
contacted the Publicly Worked Invention belonging to the technical field of theclothes, recognized the problem that the adjustment of the length by tying andconnecting the "string 1" and the "string 2", which is means for adjusting the size ofthe air discharge space, is bothersome and not easy and was motivated to accept the
Exhibit Ko 30 Invention' belonging to the same technical field of the clothes in orderto solve the problem.
(B) With this regard, the Defendant asserts that, since at the time of the Date ofApplication, there was no common general technical knowledge that the opening degreeof the air discharge port of the air-conditioning clothes can be adjusted, the technicalmatter described in Exhibit Ko 30 could not be combined with the Publicly Worked
Invention, and cited the description in the paragraph [0006] of the Description as theground for that.
However, as described in the aforementioned 1(1), paragraph [0006] in the
Description only describes that it is extremely difficult to have the desired length bytying the pair of adjusting strings, and most of the wearers cannot properly adjust the
opening degree of the air discharge port and the like, and it cannot be found from thisdescription that at the time of the Date of Application, there was the common generaltechnical knowledge that the opening degree of the air discharge port of the airconditioning clothes can be hardly adjusted.

Besides, there is no sufficient evidence

to find that at the time of the Date of Application, there was the common generaltechnical knowledge that the opening degree of the air discharge port of the airconditioning clothes can be hardly adjusted.
Therefore, the aforementioned assertion by the Defendant cannot be accepted.
52

(5) Summary
According to the above, since it is reasonable to find that a person ordinarily
skilled in the art at the time of the Date of Application could have easily conceived of
the configuration of Invention 3 pertaining to the Difference by applying the Exhibit
Ko 30 Invention' to the Publicly Worked Invention, it is found that the person ordinarily
skilled in the art at the time of the Date of Application could have also easily conceivedof the configuration of Invention 3 pertaining to Difference 1.

Thus, the determinationin the JPO decision different from this is erroneous, and the Grounds for Rescission 3
has reasons.
3. Inventions 4 to 10
The JPO decision judged that Inventions 4 to 10 could not have been easily madeby a person ordinarily skilled in the art on the grounds of the Publicly Worked Invention,either, only on the grounds that the invention specifying matters of Invention 3 are allprovided and that Invention 3 could not have been easily made by a person ordinarily
skilled in the art on the basis of the Publicly Worked Invention.

However, since

Reason for Rescission 3 has a reason as described in the aforementioned 2, the judgmentof the JPO decision lacks the premise and is erroneous.
4. Conclusion
As described above, even without determining on the remaining reasons forrescission, the Plaintiff's claim has reasons.
Intellectual Property High Court, Second Division
Presiding Judge:

HONDA Tomonari

Judge:

ASAI Ken

Judge:

NAKAJIMA Tomohiro

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