★★★ ＜第38回知的財産翻訳検定試験【第20回和文英訳】＞ ★★★
≪１級課題 -知財法務実務-≫【問 1】
D Regarding the essential part of the present invention
The above-mentioned publicly known reference C is not described in thepresent specification as prior art, and the description of the specification isinsufficient. Therefore, the essential part of the present invention should be
examined based on not only the present specification but also theabove-mentioned publicly known reference.
Upon reviewing the content of the above-mentioned publicly knownreference, from C-1, C-2, it is natural to identify transaction detail
information for each transaction in the SaaS-type general accounting
processing system described in Exhibit 4, given that matching processing is
performed for each transaction with respect to the transaction detailinformation.
Additionally, the "each detail information" on the "acquired detail list screen"in C-3 refers to matching-processed data, thus the "acquired detail list
screen" can be considered to be the "journal processing screen".
Moreover, the "journal information input screen" in C-3 is merely one of thesupport functions for conventionally-known data input (paragraphs [0002],[0057]), and it is common to directly input information related to eachtransaction from the displayed transaction list screen and to use pull-downmenus during such input (Japanese Patent Application Laid-OpenPublication No. 2004-326300 (Exhibit 5), paragraphs [0066]-[0081]).
Therefore, it is possible for a person skilled in the art to design the"transaction details list screen" to display journal information such as"corresponding account title" and a pull-down menu for changing the journal

entry information.

According to the above, it is found that the configuration of the parts of theinventions 1, 13, and 14, except for the configuration elements 1E, 13E, and14E, could have been easily invented by a person skilled in the art based on
the inventions described in the above-mentioned publicly known references,and therefore, at least the respective configuration elements 1E, 13E, and14E of the inventions 1, 13, and 14, should be considered as essential parts of
the inventions that are the basis of the inventive step. This is also supportedby the prosecution history of the patent as described in B above.
Although it appears that the plaintiff does not claim infringement under thedoctrine of equivalents with respect to the configuration elements 1E, 13E
and 14E, even if a considerate interpretation is made that the plaintiff
claims infringement under the doctrine of equivalents with respect to each of
the above configuration elements, these elements are essential parts of thepresent inventions 1, 13 and 14. Therefore, with respect to the accused
products 1 and 2 and the accused method, the first requirement ofinfringement under the doctrine of equivalents is lacking.

【問 2】
1. ABC and XYZ hereby agree to implement a business allianceprincipally comprised of the following elements (the “BusinessAlliance”): (1) ABC is to, pursuant to the terms and conditions ascontained herein, grant XYZ a license in respect of such animatedcontent as planned, produced, directed, edited, supervised, selected,programmed or otherwise developed by ABC and as made available by
ABC in its sole discretion for the purpose of this Agreement (the “ABCContent”); (2) XYZ is to, pursuant to the terms and conditions ascontained herein, make available such ABC Content via such networkof subscribers as possessed, controlled or formed by XYZ (the “XYZNetwork”) to the Course Subscribers (as defined below, which shall behereinafter the same) for their viewing and thereby monetize such
ABC Content; and (3) all revenue derived by XYZ is to be distributed
to ABC and XYZ pursuant to the terms and conditions as containedherein.
2. ABC hereby grants XYZ a non-exclusive license that authorizes XYZ
to, pursuant to the terms and conditions as contained herein, makeavailable the ABC Content for the viewing during the term as agreed

by and between the parties hereto (the “Course Term”) to suchsubscribers as contained in the XYZ Network and as have completed
the subscription processes agreed by and between the parties hereto(the “Course Subscribers”) on such medium as selected from either of
an in-person medium and live streaming medium in accordance withthe agreement by and between the parties hereto (the “CourseMedium”) in such language as designated by ABC (the “CourseLanguage”).
3. XYZ shall consult with and obtain a prior agreement of ABC inconnection with any and all matters necessary for providing the ABC
Content to the Course Subscribers, which include without limitation
the subscription fee payable by each Course Subscriber (if themonetization is made based upon the subscription fees payable by theCourse Subscribers), the sponsorship fees, advertisement fees and anyother fees to be received by XYZ in connection with its program forproviding the ABC Content (if the monetization is based upon any feesother than the subscription fees payable by the Course Subscribers),
and the marketing scale and planning for the ABC Content. Then XYZshall make available the ABC Content to the Course Subscribers fortheir viewing and monetize the ABC Content pursuant to suchagreement.