★★★ ＜第26回知的財産翻訳検定試験【第14回和文英訳】＞ ★★★
≪１級課題 -知財法務実務-≫【問 1】
On the other hand, as pointed out in the Notice of Reasons forRefusal, Cited Document 1 shows a method of rapidly inducing hypothermia
in a human patient, and Cited Document 2 describes an "apparatus that
promotes blood circulation and relieves pain by putting a living body underpulsed magnetic field". Cited Document 1 discloses promotion of decreasein body temperature by causing a heat transfer device to transfer heat fromthe body with which the device is in contact. Cited Document 1 also statesthat administering a vasodilator is preferable to dilate blood vessels in orderto promote heat transfer. However, Cited Document 1 neither discloses nor
suggests exposing a living body to a magnetic field to lower bodytemperature at all.
The electromagnetic health promoter described in Cited Document 2
has a box in which a plurality of electromagnets is arranged such thatmagnetic force acts on a human body in order to promote circulation of bloodand to obtain an effect of relieving pain and the like. Meanwhile, as to thepromotor, in order to eliminate necessity of application for permission as a
medical tool, the magnetic force generated by the electromagnets is
suppressed to less than 350 gauss, for example.
The Notice of Reasons for Refusal points out that addition of thefunction described in Cited Document 2 to the apparatus described in Cited
Document 1 is not beyond the design ability of an ordinary person skilled in
the art. However, simple combination of Cited Document 1 and Cited
Document 2 only results in a configuration in which electromagnets aredisposed at specific parts of a living body to apply a relatively weak magnetic
force, and will never lead to a configuration of applying a comparatively
strong alternating magnetic field or pulsed magnetic field to a whole living
body being cooled as in the present invention.
Thus, the simple
combination will never be able to achieve the same effect as the bodytemperature lowering effect of the present invention.
In addition, as mentioned above, the problem set in Cited Document
2 is to "promote blood circulation and relieve pain by applying a pulsed
magnetic field to a living body". In this respect, Cited Document 2 neither

discloses nor suggests an aspect of promoting cooling effect of a living body.
Therefore, we believe that it is definitely inappropriate to determine
one skilled in the art could have easily invented the configuration of thepresent invention based on Cited Documents 1 and 2. This rationale also
applies to the inventions of claims 2 to 4 dependent on claim 1.

【問 2】
Subject to the terms and conditions hereof, Licensor hereby grants Licensee
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specified in Exhibit B hereto (the "Licensed Products") by
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Except for such warranties as provided in the preceding paragraph, Licensor
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therein, any third-party utility patent right, design patent right, trademark
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