Patent
Right

Date
Case number

September 18, 20192018 (Gyo-Ke) 10150

Court

Intellectual
PropertyHigh
Court,First
Division- A case in which, with regard to the patent of the invention titled "TEXTUREDSURFACE COATING FOR GLOVES AND METHOD OF MAKING THE
SAME", since the Detailed Description of the Invention in the Description of thiscase describes the meanings of the materials to be used (use purpose), material
names, preparing method, obtaining method, and the like and specific details
related to the method of the invention together with working examples and also
describes specific embodiments thereof, it is found to have a description to such a
degree that the person ordinarily skilled in the art can use the making method andalso can use the gloves produced by the making method on the basis of thedescribed contents of the Detailed Description of the Invention and the common
general technical knowledge as of the time of the filing, and a person ordinarily
skilled in the art does not require trial and error for use. Thus, the enablement
requirement was found to be fulfilled.
Case type: Rescission of Trial Decision to Maintain
Result: Dismissed
References: Article 2, paragraph (3), item (iii), and Article 36, paragraph (4), item (i)of the Patent Act
Related rights, etc.: Invalidation Trial No. 2017-800121, Patent No. 4762896
Summary of the Judgment
1. This case is a suit against a trial decision made by the JPO in which Plaintiff, whorequested an invalidation trial of the patent of the invention titled "TEXTUREDSURFACE COATING FOR GLOVES AND METHOD OF MAKING THE
SAME" held by Defendant and received the JPO decision that the request was
dismissed, claimed rescission thereof.

Plaintiff alleged errors in decision on theenablement requirement as reasons for rescission.
2. This judgment held substantially as follows and dismissed the plaintiff 's claim.
(1) The working of the invention of the method for producing the article as in eachof the present inventions refers to an act of using the method and an act of using
the article produced by the method and the like ... and thus, in order to fulfill the
enablement requirement for the method for producing the article, it is interpreted
that the Detailed Description of the Invention is required to have a description tosuch a degree that a person ordinarily skilled in the art can use the method andalso can use the article produced by the method without requiring excessive trial
and error on the basis of the described contents of the Detailed Description of theiInvention and the common general technical knowledge as of the time of the filing,
and presence of the description to such a degree is sufficient.
(2) A. The method of each of the present inventions is configured such that [i] amold on which a first layer of latex (Claim 1) and a first layer of a woven fabric ora knitted fabric (Claim 2) are dipped in and coated with an aqueous latex emulsion
so as to form a second layer of latex; [ii] the second layer of latex is gelled byapplying discrete polyhedral salt particles on the second layer of latex , and theshape of the salt particle in the latex second layer is fixed and then, [iii] before thesecond layer of latex is thermally cured, the discrete polyhedral salt particles fromthe second layer of latex are dissolved; [iv] and then, the formed layer is thermally
cured so as to form the cured second layer; and [v] the cured textured glove isremoved from the mold.
The terms corresponding to those used in the method of each of the present
inventions; that is, "mold" ..., "coagulant" ..., those corresponding to "aqueous
latex emulsion" or "foamed body" ..., "salt" or "discrete particles" ..., "woven
fabric" or "knitted fabric" ... are specifically described with respect to their
meanings (use purposes), material names, preparing methods or obtaining methods ,and the like in the Description of this case.
Moreover, specific processes related to the method of each of the present
inventions, including the size, applying methods, ... of the discrete salt particles
and dissolution of the salt particles being performed before thermal curing of thesecond layer ... are described in detail in the Description of this case together withworking examples.
Thus, the Detailed Description of the Invention in the Description of this casehas specific description which enables use of the method of each of the present
inventions by a person ordinarily skilled in the art who comes in contact with it.
B. Moreover, the article produced by each of the present inventions is a glove
having textured surface coating, and the Detailed Description of the Invention in
the Description of this case has description that the textured surface coating is aninverse image of the discrete particles (salt) remaining as polyhedral marks andthey are taken into an outer side or an inner side of the glove ... .
C. As described above, since the Description of this case has a description on
specific embodiments thereof, it is found that the Description is made to such a
degree that the person ordinarily skilled in the art can use the making method andcan use the gloves produced by the making method on the basis of the described
contents of the Detailed Description of the Invention and the common generaliitechnical knowledge as of the time of the filing, and a person ordinarily skilled in
the art does not require trial and error for use.

Thus, the description in the

Detailed Description of the Invention in the Description in this case is found tofulfill the enablement requirement.

iii

Judgment rendered on September 18, 20192018 (Gyo-Ke) 10150, A case of seeking rescission of the JPO decision
Date of conclusion of oral argument: August 21, 2019
Judgment
Plaintiff: Towa Corporation

Defendant: Ansell Healthcare Products LLC

Main text
1. Plaintiff's claim is dismissed.
2. Plaintiff shall bear the court costs.
Facts and reasonsNo. 1 Claims
The trial decision rendered by Japan Patent Office on September 19, 2018 for theInvalidation Trial No. 2017-800121 shall be rescinded.
No. 2 Outline of the case
1. Outline of procedures at the JPO and the like(1) Defendant filed an application for a patent of the invention titled "TEXTUREDSURFACE COATING FOR GLOVES AND METHOD OF MAKING THE
SAME" (hereinafter, referred to as the "Present Patent") on June 30, 2004 and was
granted registration of establishment of the patent right on June 17, 2011 (Patent
No. 4762896, number of claims: 6).
(2) Plaintiff requested a trial for Present Patent invalidation on August 31, 2017, andthe JPO examined the request as Invalidation trial No. 2017-800121.
(3) The JPO rendered the JPO decision (hereinafter, referred to as the "present JPO
decision") that "the request for a trial is dismissed" as described in the Written
JPO decision in the attachment (copy) on September 19, 2018 and the certified
copy thereof was delivered to Plaintiff on the 28th day of the month.
(4) Plaintiff instituted this lawsuit which seeks rescission of the present JPO decision1

on October 23 of the same year.
2. Description of Scope of Claims
The description in Claims 1 to 6 of the Scope of Claims of Present Patent is asfollows (hereinafter, all the inventions described in each of the claims are collectively
referred to as "each of the present inventions", and the description of Present Patent isreferred to as the "Present Description").

The symbol "/" in the sentences indicatesthe end of the line in the original sentences (the same applies to the following).
[Claim 1]
A method of manufacturing a textured surface coating glove, comprising steps of/(i)treating a mold with a coagulant;/(ii)

forming a first layer of latex by dip coating the mold with an aqueous latex
emulsion;/(iii)

gelling the first layer of latex by destabilizing the latex emulsion by the
coagulant;/(iv)

forming a second layer of latex on the first layer of latex by dip coating themold with the aqueous latex emulsion;/(v)

applying discrete polyhedral salt particles to the second layer of latex;/(vi)

gelling the second layer of latex at contact with the salt particles so that apolyhedral impression copying the shape of the salt particles is formed on thesecond layer of latex and fixing the shape of the salt particles in the second
layer of latex;/(vii)

dissolving the polyhedral salt particles discrete from the second layer of latex
before thermally curing the second layer of latex;/(viii) after the step of dissolving the discrete particles, thermally curing the formed
layer so as to form a cured second layer; and /(ix)

removing the cured textured glove from the mold,/ wherein

the latex is destabilized immediately at the contact with the salt and forms a wet gel.
[Claim 2]
A method of manufacturing a textured surface coating glove, comprising steps of/(i)applying a woven-fabric first layer or a knitted-fabric first layer of a non-latex
material on a mold;/(ii)

forming a latex second layer on the woven-fabric first layer or the knittedfabric first layer by dip coating the mold in an aqueous latex emulsion;/(iii)

applying discrete polyhedral salt particles on the latex second layer;/(iv)

gelling the latex second layer at contact with the salt particles so that a2polyhedral impression copying the shape of the salt particles is formed on thesecond layer of latex and fixing the shape of the salt particles in the second
layer of latex;/(v)

dissolving the polyhedral salt particles discrete from the second layer of latex
before thermally curing the second layer of latex;/(vi)

after the step of dissolving the discrete particles, thermally curing the latex
second layer so as to form a cured second layer; and /(vii)

removing the cured textured glove from the mold,/ wherein

the latex is destabilized immediately at the contact with the salt and forms a wet gel.
[Claim 3]
The method according to Claim 1 or 2, wherein the latex second layer is a foamed
body.
[Claim 4]
The method according to Claim 1 or 2, wherein the discrete particles include a salt
selected from sodium chloride, potassium chloride, calcium chloride, magnesium
chloride, zinc chloride, calcium nitrate, zinc nitrate, and their combinations.
[Claim 5]
The method according to Claim 1 or 2, wherein the discrete salt particles areapplied on the second layer of latex by immersing the mold in a salt fluid bed.
[Claim 6]
The method according to Claim 1 or 2, wherein the aqueous latex emulsion
includes natural rubber latex, polyurethane latex, nitryl latex, polychloroprene latex ,or their combinations.
3. Gist of the reasons given in the present JPO decision
The reasons of this JPO decision are as described in the Written JPO decision in
the attachment (copy).

In brief, since the description of the Detailed Description of

the Invention in the present description fulfills the description requirement prescribedin Article 36, paragraph (4), item (i) of the Patent Act (hereinafter, referred to as the"enablement requirement"), the present patent cannot be invalidated.
4. Reasons for rescission
An error in judgment of the enablement requirement(omitted)3

No. 4 Judgment of this court
1. Each of the present inventions(1) Described matters of Present Description
The detailed description of the invention in Present Description (Exhibit Ko 16)
has the following descriptions A to G.
A. Technical Field
Each of the present inventions relates to gloves with a textured surface and amethod of making the gloves ([0001]).
B. Background Art(Unsupported) gloves are manufactured by dipping a mold of a glove having ashape of a hand in a tank of liquid latex and mixed chemicals ([0002]), while(supported) gloves are manufactured by dip coating a supporting lining with a layer ofa foaming latex material ([0003]).
A smooth latex layer has a problem in an article gripping ability of a wearer
particularly when it is wet, and prior arts have some methods for improving gripping,but they increase a glove manufacturing cost and require further machinery ([0004]).
A foaming material on outer sides of gloves of both supported and unsupported
has a closed-cell type surface layer which hardly improves the ability of gripping a
wet or slippery article ([0006]).
C. Problems to be Solved by the Invention
Gloves involving a textured surface coating which can be easily manufactured in
an ordinary glove manufacture are in demand, and more specifically, the problem is toobtain a foaming material layer having an open-cell type structure on the textured
surface ([0007]).
D. Means for Solving the Problem
On the basis of the principle of each of the present inventions, there are provided
gloves having a textured surface coating manufactured such that a layer of discrete
particles such as general salt is embedded in a liquid surface of the coated latex film,
the immersed latex layer is gelled or dried, the discrete particles are dissolved so thatthe textured surface remains and then, it is exuded, dried, and cured, and the gloves
are removed from the mold at the last ([0008]).
E. Best Mode for Carrying Out the Invention
Each of the present inventions relates to gloves involving textured surface coating
manufactured either by non-foaming latex or a foaming latex manufactured byembedding the discrete particles in a non-gelled latex layer.

The latex layer isideally gelled by being brought into contact with the discrete particles.
4

The processis completed by drying and curing the gloves.

The discrete particles can be removed

from the layer after gelling or curing by dissolving the particles in an appropriate
solvent.

This process forms the textured surface coating which can leave

impressions at spots where the discrete particles are embedded and can improve
degrees of gripping, air circulation, and sweat absorption in the gloves with less direct
skin contact.

For example, the wet/oil grip is improved in the textured gloves ofeach of the present inventions.

The foamed material may be used instead of the non-foamed latex in order to manufacture the textured surface layer and provides excellent
gripping, higher sweat absorption, and a flexible layer of insulation ([0009]).
The discrete particles to be used include but are not limited to various salts
including sodium chloride, potassium chloride, calcium chloride, magnesium chloride,zinc chloride, calcium nitrate, and zinc nitrate, and other soluble compounds such as
sucrose, and salts with sufficient solubility in the solvent such as water is preferable.
The preferable salt is sodium chloride.

A useful average particle size can be within arange from approximately 50 microns to approximately 6000 microns but a range ofpreferable average particle size is from approximately 50 microns to approximately
2000 microns.

These salts can all be used for similar physical textured working, andchlorides provide clear improvement in wet/oil gripping and chemical resistance ofthe textured surface of each of the present inventions ([0010]).
If the salt such as sodium chloride is brought into contact with the liquid latex
used in each of the present inventions, for example, it immediately destabilizes latex
so as to form the wet gel and thus, "fixes" the shape of the salt particles on the surface
of rubber.

When the salt is removed, the surface texture is brought about.

Thissurface texture is a reverse image of the salt particles ([0011]).
A desired texture is adjusted by selecting the discrete particles.

By selecting

dendritic salt having a crystal with a large number of thorns, for example, polyhedral
impressions can be left, crushed salt leaves various sizes of impressions, and fineparticles of table salt would leave small impressions with finer and more uniform
distribution.

Mixture or concomitant use of particle sizes can be practiced.

Thesolvent used for dissolving the discrete particles can depend on a solubility of theparticles and can be water, or an acid or alkali compound ([0012]).
According to the preferred embodiment, gloves are manufactured in a mass production line in which an extremely large number of gloves are manufactured
continuously, rapidly, and at all times.

In such a process, a large number of molds

for gloves are conveyed and operated through a series of chemical solutions andprocess steps for manufacturing gloves.

The mold is made of a ceramic material,
5

steel, or plastic.

According to a standard manufacturing process, the gloves may be

manufactured directly on the mold conveyed sequentially from one place.

For

example, in order to obtain a layer of a desired property, the mold is dipped into asurfactant, wax, a coagulant, and natural or synthetic elastomer.

In the method,composition of components manufacturing the layer of the gloves, an order of
addition, and an addition method may be changed ([0013]).
The gloves may be made by multiple immersions in various substances.

For

example, the mold may be first immersed in compositions of a powder-free releasing
agent and a coagulant.

This immersion in the releasing agent and coagulant releases

a releasing material for subsequent removal of the completed gloves from the mold.
Moreover, the coagulant material would destabilize the liquid layer such as a latex
type elastomer subsequent to that ([0014]).
After the releasing agent/coagulant immersion, the mold is preferably transported
to a subsequent place in the manufacturing line in which a laminate layer is applied tothe mold.

The laminate layer may be made of latex elastomer immersion of naturalor synthetic rubber latex such as polyurethane, nitryl, or polychloroprene.
example, various combinations and preparation of latex can be used.
each of the present inventions may be arbitrarily foamed.

For

The latex of

REVENEX 99G43(Synthomer Ltd., United Kingdom) is an example of useful nitryl latex.

By changing

the selection and composition of the latex material, the laminate layer can be changed
so as to provide different degrees of strength, comfort, flexibility, and chemical
resistance.

In any case, contents of the latex to be applied to the mold are adjusted

so as to preferably provide protection from cutting and abrasion, liquid repellence,and chemical resistance ([0015]).
After application of one or more laminate layers, the mold passes a furnace at araised temperature preferably for drying, curing, and provision of a final product.
The gloves are then removed manually or by an automatic method ([0016]).
In one embodiment of each of the present inventions, the mold is immersed inorder to form the first layer of latex.

This first layer of latex is then gelled, and themold is immersed again in order to form a second layer of a non-gelled latex.
Viscosity of the second layer of foamed or non-foamed latex can be within a range
from approximately 100 cps to approximately 2000 cps.

The discrete particles arethen applied to the second layer of the non-gelled latex by immersing the mold in thefluid bed of the discrete particles, by embedding the discrete particles, or by othermechanical means such as spraying, for example.

In a fluid bed process, salt

particles (NaCl) suspended matters in an air flow are utilized so that the particles
6behave in a way similar to that of a liquid.

The discrete particles are removed bydissolving them in an appropriate solvent after applying the discrete particles or aftergelling or curing of the gloves so that the textured surface coating substantiallycovering the surface of the gloves is left.

For example, the salt particles can beremoved from the gelled surface by washing or spraying with water.

The viscosityof latex is a parameter which can be changed in order to obtain a desired textured
effect.

The textured non-foaming layer provides an optimal combination ofdurability and wet/oil gripping ([0018]).
Another embodiment of each of the present inventions includes a piece of a non latex material involving the textured surface coating manufactured by embedding thediscrete particles in an outer layer of a latex overdip.

For this embodiment, the moldhas a layer of the non-latex material applied as a base such as a woven fabric or cotton
dust and can be immersed in a layer of foaming or non-foaming latex.
of useful woven fabric is a knitted lining.

An example

In the embodiment of the supported glove

in which latex coating is applied on the knitted lining, a first or a subsequent latex
layer can be textured ([0022]).
F. Working Example 1(A) Step 1: The following coagulant solution is prepared:
Calcium nitrateaqueous solution with concentration of 35 volume%

TRITON X 100

approximately 0.1 volume%

DEFOAMER 1512M

approximately 0.5 volume%

The coagulant solution is heated to 30 to 40 °C.

The glove mold made of a clean

ceramic material is immersed in the coagulant solution so that the surface thereof is
uniformly coated.

An immersion speed is approximately 1.5 cm/second, retention

time is 5 to 10 seconds, and an extraction speed is approximately 0.75 cm/second([0026]).
(B) Step 2: The mold coated with the coagulant is reversed to a state with fingers
standing upright and dried for 2 to 2.5 minutes in a warm and gentle air flow (30to 40 °C) ([0027]).
(C) Step 3: The dried coagulant-coated mold is reversed again to a state in which thefingers are directed downward and is immersed in a nitryl latex compound:
REVENEX 99G43

100 phr

Sulfur

0.5 phr

Zinc oxide

3.0 phr

ZMBT

0.7 phr

pH is adjusted to 9.0 (by using ammonia or potassium hydroxide).
7

Viscosity oflatex is usually 20 to 40 cps (Brookfield viscosimeter model DV1+, spindle
Latex is held at 20 to 25 °C.

#2@30 rpm).

The immersion speed isapproximately 1.5 cm/second, retention time in latex depends on the desired wall
thickness and is 30 to 90 seconds, and the extraction speed is approximately 1.2
cm/second ([0028]).
(D) Step 4: The gelled nitryl-latex coated mold is reversed in the state with the fingers
standing upright in order to aid diffusion of drips at the fingertips (30 seconds at
the minimum at an ambient temperature during the retention time) ([0029]).
(E) Step 5: The gelled nitryl-latex coated mold (here, a nitryl glove shell) is reversed
again to the state in which the fingers are directed downward and immersed inwater heated to 40 to 60 °C in order to remove a remaining surface syneresis
product (retention time 60 to 80 seconds) ([0030]).
(F) Step 6: The nitryl glove shell is reversed to the state with the fingers standing
upright in order to aid diffusion of drips on the fingers, and then partially dried inorder to remove remaining water on the surface of the gel and the fingertips([0031]).
(G) Step 7: The nitryl glove shell is reversed to the state with the fingers directed
downward and overdipped to the wrist (or completely to around the arm) in thesecond layer of the following nitryl latex:
REVENEX 99G43

100 phr

Sulfur

0.5 phr

Zinc oxide

3.0 phr

ZMBT

0.7 phr

The pH of this latex is adjusted to 9.0 (by using ammonia or potassiumhydroxide), and the viscosity of latex is adjusted to 500 cps ((Brookfieldviscosimeter model DV1+, spindle #2@30 rpm) by using polyacrylic acidammonium.

Latex is held at 20 to 25 °C.

The immersion speed isapproximately 1 to 3 cm/second, retention time in latex is approximately 10 to 30
seconds, and the extraction speed is approximately 2 cm/second ([0032]).
(H) Step 8: The nitryl glove shell having the liquid second layer overdipped in nitryllatex is reversed in a state with the fingers standing upright in order to diffuse
drips on the fingers and then, immediately reversed again and returned to the statewith the fingers directed downward.

Particles of sodium chloride (purity: 99%,

average particle size: 400 microns) are applied to the second layer of latex in a
fluid bed device.

The glove shell is held at room temperature.

The immersion

speed to the fluid bed is approximately 2 cm/second, the retention time in the fluid
8bed is 5 to 10 seconds, and the extraction speed is approximately 2 cm/second.
In another form of Step 8, the fluid bed may be stopped during the retention timein order to obtain clearer/deeper impressions in the latex layer.

During theextraction of the mold, the fluid bed is operated again ([0033]).
(I) Step 9: The salt coating shell is washed here with water at room temperature inorder to remove sodium chloride remaining on the gelled surface ([0034]).
(J) Step 10: The gelled glove product is then leached for approximately 15 minutes in
hot water at approximately 40 °C ([0035]).
(K) Step 11: The gelled glove product is dried and subjected to curing treatment for
approximately 60 minutes in a conventional circulation hot-air furnace at 130 °C([0036]).
(L) Step 12: After the cured glove is cooled, the mold is peeled off inside out.

As

another form of the step, an inner-side lining (cotton dust, for example) may bemade to adhere ([0037]).
(M)

Step 13: The cured and completed glove is reversed so that the textured surface

comes to the outer side of the glove ([0038]).
G. Picking-up force test(A) In order to measure a gripping force required for lifting up a weight of steel
having a polished surface and covered with a mixture of hydraulic oil andlubricant, a picking-up force test was developed, and the various gloves including
the gloves prepared according to Working Example 1 ("textured gloves") andknown nitryl gloves with a similar structure (those without the textured surface
coating; that is, Ansell SOLVEX 37-676 and Ansell SOLKNIT 39-122) were
tested ([0039]).
(B) As a test device, there was used one which is revised such that a mass scale(model obtained from Applied Instruments Ltd., United Kingdom, PPS-6 Kg) is
mounted on a side opposite to a flat stainless steel load dish of a direct scale, andan elongated piece of the stainless steel on a lower side thereof.

In the entire

device, a side surface for testing is directed so that it can be gripped by the hand
wearing the gloves against the force of gravity while it is directed toward the floor.
The stainless steel surface was covered with a mixture of the hydraulic oil and the
lubricant for the following test.
(C) The picking-up force test was conducted as follows ([0040]).
a. A voluntary tester wears a test glove.
b. The tester grips the device at a right angle to the surface by using only the
thumb and the first finger (or the second finger) with the fingers facing each9other on the surface at a point of approximately 4 cm along the surface toward
the floor and using only the finger and the tip of the ball of the thumb as
contact points.
c. The tester tries to grip the device strongly and tries to lift it up and holds thedevice with sufficient force to hold it still without allowing it to slip.
d. An immediate gripping force is recorded by the unit of mass read from themass scale.
e. After the first gripping and lifting up, a steady gripping force is recorded after
approximately 5 to 10 seconds.
f. The gripping is gradually loosened so that the device slips from the gripping.
g. The minimum gripping force is recorded at the time of slip.
h. A weight is further added sequentially to the device, and the steps a to g arerepeated.
(D) Test data appearing in the table in the attachment indicate that, when the
textured surface is used as the surface of the nitryl glove (or an arbitrary latex
glove) as prepared in Working Example 1 and then used for handling an article
which is wet or oily, it provides extremely excellent gripping and control results
for the user.
The textured gloves manufactured according to Working Example 1 indicate
improvement in grip control and reliability when a slip occurs.

The textured gloves

have the lowest gripping force required for lifting up three weights finalized by thedevice as compared with the conventional nitryl gloves ([0041] to [0043]).
(2) Features of each of the present inventions
According to the aforementioned (1), the features of each of the present inventions
are found to be as follows.
A. Each of the present inventions is an invention of a method for producing an article(gloves).
B. When there is a layer of smooth latex on an outer side of the glove, it causes a
problem in gripping ability of a wet or slippery article, but with the conventional
method such as post-treatment of the gloves by pattern embossing, washing, or
surface treatment, a manufacturing cost is increased while improvement in thegripping ability is small.

Thus, obtainment of gloves applied with textured

surface coating which can be easily manufactured has been in demand in ordinary
glove manufacture.
C. Thus, such configuration was employed that [i] the second layer of latex is gelled
by applying discrete polyhedral salt particles to the second layer of latex and the10shape of the salt particles in the second layer of latex is fixed and then; [ii] before
the second layer of latex is thermally cured, the polyhedral salt particles discrete
from the second layer of latex are dissolved; [iii] after the step of theaforementioned [i], the formed layer is thermally cured so as to form the cured
second layer.
D. According to this method, an inverse image of the discrete particles (salt) remains
as polyhedral impressions in the second layer of latex and thus, by using thesecond layer of latex with such impressions for the outer side of the gloves, thegloves having the textured surface coating with improved wet/oil grip can be
manufactured.
2. Reasons for rescission (error in judgment on enablement requirement)(1)

The patent system is to grant an exclusive right in working of an invention to

an inventor for a certain period of time in return for disclosure of the invention andthus, the description should describe the technical contents of the invention describedin the scope of claims as contents to be disclosed to the public.

The aim of Article

36, paragraph (4), item (i) of the Patent Act prescribing the enablement requirementthat "it is clear and sufficient to enable a person ordinarily skilled in the art of theinvention to work the invention" is interpreted such that, if the detailed description of
the invention in the description does not describe the structure of the invention to sucha degree that a person ordinarily skilled in the art can work the invention, it does notsubstantially disclose the invention, and the premise to give the exclusive rightprovided for in the Patent Act to the inventor is missing.
Working of the invention of a method for producing an article as in each of thepresent inventions refers to an act of using the method, an act of using an article
produced by the method, or the like (Article 2, paragraph (3), item (iii) of the Act)and thus, in order for the method for producing an article to fulfill the aforementioned
enablement requirement, it is interpreted that the detailed description of the invention
in the description only needs to be description requiring that a person ordinarily
skilled in the art can use the method and can use an article produced by the method on
the basis of the described contents of the detailed description of the invention and thecommon general technical knowledge at the filing without requiring excessive trial
and error and only needs to be have the description of such a degree.
(2) Fulfillment of enablement requirement
A. The method of each of the present inventions is [i] a mold on which a first layer oflatex (Claim 1) or a first layer of woven fabric or knitted fabric (Claim 2) is
11

formed is dipped in and coated with an aqueous latex emulsion so as to form asecond layer of latex; [ii] the second layer of latex is gelled by applying discrete
polyhedral salt particles to the second layer of latex, and a shape of the salt
particles in the second layer of latex is fixed and then, [iii] before the second layerof latex is thermally cured, the polyhedral salt particles discrete from the second
layer of latex are dissolved; [iv] after that, the formed layer is thermally cured so
as to form the cured second layer; and [v] the cured textured gloves are removed
from the mold.
The "mold" ([0013]), the "coagulant" ([0014], [0026]), those corresponding to
the "aqueous latex emulsion" and the "foamed body" ([0015], [0028], [0032]),
those corresponding to the "salt" and the "discrete particles" ([0010] to [0012],[0018], [0033]), and the "woven fabric" and the "knitted fabric" ([0022]) used in
the method of each of the present inventions are all described specifically in thepresent description for their meanings (use purposes), material names, preparation
methods or obtaining methods, and the like.
Moreover, specific methods according to each of the present inventions are all
described in detail with working examples in the present description ([0009] to[0016], [0018], [0022], [0026] to [0038]) including the size of the discrete salt
particles and applying methods ([0010], [0012], [0018], [0033]) and that the
dissolving of the salt particles is performed before thermal curing of the second
layer of latex ([0009], [0018], [0034] to [0036]).
Thus, the Detailed Description of the invention in the present description has
specific description by which a person ordinarily skilled in the art in contact with that
could use the method of each of the present inventions.
B. Moreover, what is produced by each of the present inventions is a glove having a
textured surface coating, and the Detailed Description of the Invention in thepresent description describes that the textured surface coating is an inverse imageof the discrete particles (salt) left as polyhedral impressions and it is taken intoeither one of the outer side and the inner side of the glove ([0007], [0009], [0011]).
C. As described above, in view that the present description has the description of a
specific embodiment thereof, it can be considered that it has the description tosuch a degree that a person ordinarily skilled in the art could use the
manufacturing method and use the gloves produced by the manufacturing methodon the basis of the described contents of the Detailed Description of the Invention
and the common general technical knowledge at the filing and that trial and error
is not required for a person ordinarily skilled in the art for use.
12

Thus, the description in the Detailed Description of the Invention in the present
description is found to conform to the enablement requirement.
(3) Plaintiff's allegation
A. Plaintiff alleges that the method of producing gloves according to each of thepresent inventions is not described such that it can produce the gloves having
functions and effects more excellent than the methods of manufacturing gloves
described in Exhibits Ko 1, Ko 2, and Ko 7, and the gripping force cannot bemeasured in the picking-up force test described in the present description, and thecomparison made with Defendant's conventional own product and the like is not
appropriate and thus, the description in the Detailed Description of the Invention
in the present description is not clear and sufficient for a person ordinarily skilledin the art to work each of the present inventions.
B. Exhibits Ko 1, Ko 2, and Ko 7 have the following descriptions, respectively.
(A) Exhibit Ko 1
The Patent Gazette (No. 2639415, Exhibit Ko 1) according to the invention titled"UNEVENNESS FORMING METHOD TO RESIN SKIN" describes a method of
forming unevenness on a resin skin by causing a water-soluble solid powder article
such as sodium chloride or the like to adhere to a surface of a resin emulsion latex in
an unsolidified state, by solidifying the resin emulsion latex and then, by
washing/removing the solid powder article by using water and the like, and that
products such as rubber gloves and the like can be cited as an industrial application
field of the method.
(B) Exhibit Ko 2
The Unexamined Patent Application Publication (No. 2002-20913, Exhibit Ko 2)
according to the invention titled "GLOVES AND MANUFACTURING METHOD
THEREOF" describes a method of forming a large number of fine recess portions byembedding dissolved fine particles such as sodium chloride in a slip resistance layer
provided on a surface of a glove body, and then dissolving/extracting them in order toimprove the gripping force of gloves made of rubber.
(C) Exhibit Ko 7
The Unexamined Patent Application Publication (No. 2002-249909, Exhibit Ko 7)
according to the invention titled "GLOVES WITH RECESSED SURFACESTRUCTURE AND MANUFACTURING METHOD THEREOF" describes a methodof forming coating having fine recess portions on the surface on a glove base material
by coating the surface of the glove base material with polyvinylchloride resin mate rialor a rubber material, by spraying wax when the coated material is semi-gelled and13then, by applying a heating treatment so as to form a film, and by washing/removing
the wax on the film surface as a manufacturing method of gloves having a slip
resistance effect.
C.

However, whether the gloves manufactured by the method of each of thepresent inventions have gripping forces more excellent than those of the gloves citedby Plaintiff (Exhibits Ko 1, 2, and 7) and whether or not the gripping force can bemeasured by the picking-up force test do not have any relations with whether or not
the description in the Detailed Description of the invention in the present description
fulfills the enablement requirement.
According to the evidence (Exhibit Ko 18), it cannot be denied that the point of
the allegation of Plaintiff can be understood that, although each of the present
inventions has a problem to improve the gripping force of the gloves better than theconventional arts such as Exhibits Ko 1, Ko 2, Ko 7 and the like, achievement of asolution to the problem is not illustrated in the form capable of a verification test.
However, if so, the inventive step of each of the present inventions over the
aforementioned conventional arts is the problem in the end, rather than the degree of
disclosure of the invention and thus, it is unreasonable as an allegation for arguing thefulfillment of the enablement requirement in any case.
(4) Summary
According to the above, reasons for rescission alleged by Plaintiff have nogrounds.
3. Conclusion
Therefore, since Plaintiff's claim has no grounds, it shall be dismissed, and thejudgment shall be rendered as in the main text.
Intellectual Property High Court, First Division
Presiding Judge: TAKABE Makiko
Judge: KOBAYASHI YasuhikoJudge: SEKINE Sumiko

14

Attachment (Table 1 of present description)
Immediate
Steadygripping
gripping
Test glove
force (kg) force (kg)Lift-up weight:
First weight=1.9 k g*

Minimum
gripping
force (kg)Textured glove

3.2

2.6

2.3

Solvex 37-676

4.5

2.6

2.2

Solknit 39-122

4.2

3.2

2.5

Finding

Gentle slipping
feeling before lastslip
No sign - strong last
slip
Slight or no sign
before rapid slip

Lift-up weight:
Second weight=2.7 k g **Textured glove

4.5

4.0

3.0

Solvex 37-676

6.5

5.0

3.0

Solknit 39-122

8.0

7.8

No grip

6.8

6.8

6.8

Gentle slipping
feeling before lastslip
No sign - strong lastslip
No sign - strong lastslip

Lift-up weight:
Third weight=3.5 k g **Textured glove

No grip,
No grip
cannot lift
Solvex 37-676
up
No grip,
Solknit 39-122 cannot lift
No gripup*Indicates approximate weight of device.
**Accumulated weight.

15

No grip

No grip

Can lift up but gentle
slip
Cannot lift up

Cannot lift up