Suit Against Appeal Decision, Case No.298, Heisei 12 (Gyo-Ke), Tokyo High Court

February 29, 2000 (Heisei 12), Decision by Tokyo High Court

This is a decision regarding a case that was prosecuted by Itoh International Patent Office. The Tokyo High Court held that “It is apparent that a decision of whether the matters concerning a demand for correction are described in the specification and drawings attached to the application should be based on a comparison between the matters concerning the demand for correction and the matters described in the specification and drawings attached to the application. Therefore, in making the decision, not only should the terms describing the matters concerning the demand for correction be compared with respect to the terms in the specification, but also the technical matters described in the specification and drawings attached to the application should be taken into consideration. Based on this consideration, it is to be determined whether the correction is an addition of technical matters that is not described in the specification and drawings attached to the application. This decision by the Tokyo High Court has contributed to the Revision of the Japanese Examination Guidelines on December 2003.