CourtDecision (Food product)

[Title of the patent] “Food product containing rice saccharified material and rice oil and/or inositol”

[Key issue] Support requirement (Article 36, paragraph (6), item (i) of the Patent Act)

Court rescinded a JPO’s decision on an opposition case, stating “the state of art as of time of the filing is only a matter to be considered auxiliary in order to understand the description of the claims and the Detailed Description of the Invention, and in principle, should not be treated as a matter to extract a problem to be solved by the invention.”