IMMUNOCHROMATOGRAPHY TEST DEVICE AND KIT FOR MYCOPLASMA PNEUMONIAE DETECTION

[Title of the patent] “IMMUNOCHROMATOGRAPHY TEST DEVICE AND KIT FOR MYCOPLASMA PNEUMONIAE DETECTION”

[Key issue] “Invention described in a publication” (Article 29, paragraph (1), item (iii) of the Patent Act)

Court stated in the decision “…the patent invention is an invention of a product, and thus a comparison is made with an invention of a product described in a publication in considering the inventive step.  Here, it is necessary for a person skilled in the art to be able to make a product on the basis of the description of the publication and the common general knowledge as of the filing of the Patent in order to find that an invention of a product is described in the publication.”