JP Appeal Judge on distinctiveness_trademark or ground device?

Trademark:device
Class: 14+
Appeal No.2007-650045
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2009/12/22
Key Point: -
Relevant article: 3-1-6
contents of article: Any trademark to be used in connection with goods or services pertaining to the business of an applicant may be registered, unless the trademark is in addition to those listed in each of the preceding items, a trademark by which consumers are not able to recognize the goods or services as those pertaining to a business of a particular person