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IP Court Case Summary of Japan: Case No. H19(Gyo-Ke)10367

IP News 2008.10.15
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On October 16, 2008, the Intellectual Property High Court ruled that the Board of Appeal erred in the understanding of disclosures of the cited prior art reference and reversed in part the decision of the Board of Appeal of the Patent Office. The patent was for a method for manufacturing photocatalyst using “amorphous titanium peroxide sol”. The cited prior art discloses “peroxopolytitanic acid”. The court noted that the board of appeal erroneously found that “peroxopolytitanic acid” is “amorphous titanium peroxide sol” and reversed the decision of the board of appeal that claims 2-5 were found invalid.

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