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On January 25, 2010 , the Japanese Intellectual Property High Court affirmed an Osaka District Court’s non-infringement decision.
 
CLAIM 1
Claim 1 in question reads as follows:
1. A drip bag, comprising
    a bag main body made of a water-permeable filtering sheet material and having an opening part in an upper end portion thereof; and
    hook members each made of a thin plate-like material and disposed on two opposite outside surfaces of the bag main body, respectively, each of said hook members having a peripheral portion formed at a periphery of said hook member, an arm portion formed inside said peripheral portion so that said arm portion can be pulled up from said bag main body, and a tongue piece portion formed inside said peripheral portion, said peripheral and said arm portions being continuous with each other at one of upper and lower ends of said arm portion, said arm and said tongue piece portions being continuous with each other at the other of said upper and lower ends of said arm portion, said peripheral portion  or said tongue piece portion being bonded on said outside surface of said bag main body.
 
DISCLOSED EMBODIMENTS
The invention relates to a coffee drip bag which is hooked to a top opening edge of a cup as indicated in Figs. 1C and 5B below.  The application discloses two embodiments covered by claims (see claims 2 *1 and 5 *2).  A coffee drip bag 1 according to the first embodiment has a bag main body (2) and hook members (3a) provided on opposite major surfaces of the bag main body (2), respectively.  Each hook member (3a) has a peripheral portion (4), an arm portion (5) provided inside the peripheral portion (4), and a tongue piece portion (6) provided inside the arm portion (5).  The arm portion (5) is continuous at its upper end with the peripheral portion (4).  The tongue piece portion (6) is continuous at its lower end with the arm portion (5).  The peripheral portion (4) and the arm portion (5) are not bonded on the bag main body (2) and the tongue piece portion (6) is bonded on the bag main portion (2) so that, in use, as shown in Fig. 1C, the peripheral and arm portions (4, 5) of each hook member (3a) are pulled up away from the bag main portion (2) and the peripheral portions (4) are hooked on the opposite peripheral opening edges of the cup (20).
 
 
 
 The coffee drip bag 1 according the second embodiment is indicated in the following Figs. 5A and 5B.  In this coffee drip bag, the arm portion (5) is continuous at its lower end with the peripheral portion (4) and at its upper end with the tongue piece portion (6).  The peripheral portion (4) is bonded on the bag main portion (2) and the arm portion (5) and the tongue piece portion (6) are not bonded to the bag main portion (2) so that, in use, as shown in Fig. 5B, the tongue piece portion (6) and the arm portion (5) of each hook member (3a) are pulled up away from the bag main portion (2) and the tongue piece portions (6) are hooked on the opposite peripheral opening edges of the cup (20).

ACCUSED DRIP BAG
The accused coffee drip bag indicated in the following drawings is similar to the first embodiment of the patent but is different in that a portion 6′ is connected at its top end with a reinforcing portion 9′.
 

DECISION
The intellectual property high court found that the “tongue piece portion” is defined in claim 1 that if the peripheral portion was bonded on the bag main portion, it would be capable of being pulled up together with the arm portion and hooked on the peripheral wall of the cup, but the portion A (6′) of the accused product is formed integrally with the reinforcing portion (9′), so that, if the grip portion 1 (4′) corresponding to the peripheral portion was bonded on the bag main portion (2′), the portion A (6′) would not be capable of being pulled up or hooked on the peripheral wall of the cup.  Therefore, the court decided that the accused product does not have the tongue piece portion and it does not infringe the patent.
 
*1  Claim 2: The drip bag of claim 1, wherein said peripheral portion and said arm portion are continuous with each other at said upper end of said arm portion, said arm portion and said tongue piece portion are continuous with each other at said lower end of said arm portion, and a proximal end of said arm portion and said tongue piece portion are bonded on said outside surface of said bag main body.
*2  Claim 5: The drip bag of claim 1, wherein said peripheral portion and said arm portion are continuous with each other at said lower end of said arm portion, said arm portion and said tongue piece portion are continuous with each other at said upper end of said arm, and said peripheral portion is bonded on said outside surface of said bag main body.
 
http://www.courts.go.jp/hanrei/pdf/20100127083523.pdf