There is no inventive step because “the limitation of the range focusing on the center value” is easy.
IP News
2011.06.19
IP Court Case Summary:H22 (gyoke) 10133:
On February 1, 2011, the Intellectual Property High Court (IP High Court) reversed JPO board of appeal’s decision that there is inventive step because “the limitation of the range” is NOT easy.
The invention at issue is related to “Transvenous general nourishment infusion preparation” which contains sulfite as a stabilizer. One of the features of the invention is that 0.05-0.2 g/L of sulfite are contained as a stabilizer to the second infusion.
On the other hand, cited document disclosed the similar preparation in which the ratio of the antioxidizer is 0.001% – 0.1%, namely around 0.01-1 g/L.
Moreover, the cited document disclosed that thioglycerol, sulfite hydrogen sodium and sulfite sodium may be added to the second infusion as an antioxidizer.
IP High Court mentioned that the range identified by cited document is wider than the range identified by this claimed invention, but the center value in the range of each is the same value, namely “0.1 g/L”. When the component ratio of the additive is described, a center value is the most preferred component ratio.
Moreover, it is common that the component ratio is described with some width by focusing on the center value.