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(영문) 특허법원 2007.4.5.선고 2006허8033 판결

등록무효(특)

Cases

2006Heo8033 Nullification of Registration (specific)

Plaintiff

Sil-jin Corporation

Isacheon-si

Representative Director;

Attorney Park Jae-hoon

Defendant

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

[Defendant-Appellant]

Conclusion of Pleadings

March 8, 2007

Imposition of Judgment

April 5, 2007

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Purport of claim

The decision made by the Intellectual Property Tribunal on July 27, 2006 on the case No. 2005Da3155 is revoked.

Reasons

1. Basic facts

[Evidence] Each entry of Gap evidence Nos. 1 through 5 and the purport of the whole pleadings

A. Details of the Plaintiff’s patented invention and comparable invention

(1) Plaintiff’s patented invention

Patents filed on July 28, 2004 and filed on February 28, 2005 with registration number 10- 47597

C. The patent of this case is a water tank for water use (hereinafter referred to as "patent of this case"). The patent of this case

Claims, drawings, and components of an invention shall be as specified in attached Table 1.

(2) Cited Invention A (No. 5)

On February 19, 2004, registration number 20-343474 in the Utility Model Gazette for the registration of the person

The main contents of a functional water tank equipped with a water treatment system are as shown in attached Form 2.

B. The defendants' registration invalidation claim and the cited trial decision

(1) On December 29, 2005, the Defendants are easy to use the instant patented invention from comparable inventions, etc.

In the case of invention, the Intellectual Property Tribunal shall have no inventive step and shall register with the Intellectual Property Tribunal as 2005Da3155

A request for filial Effects Trial was made.

(2) The Korean Intellectual Property Tribunal on July 27, 2006 (hereinafter referred to as the "Patent Tribunal") shall create comparable inventions, etc.

The second instance of this case by the Defendants on the grounds that the inventive step can be easily described by them is denied.

The decision of citing the claim was made (hereinafter referred to as the "decision of this case").

2. The allegations and issues of the parties

A. Summary of the Plaintiff’s ground for revocation of the trial decision

Of the patented inventions in this case, the Gu of "A" - - Plux (102) and Plux, Plux (101) adjacent to the atmosphere.

such components as are publicly known and known to the public, such as Bohion materials, Aluminium plates, etc.

The patented invention of this case is not a comparable invention. Accordingly, the patented invention of this case is a comparable invention.

Since it cannot be easily claimed, non-obviousness is recognized.

B. Summary of the defendants' grounds to maintain the trial decision

The patented invention of this case is for the purpose, technical composition, and effects of comparable inventions and inventions.

In the same way, inventive step is denied because it can be easily claimed from comparable inventions.

C. Issues

According to the above parties' arguments, the issue of this case is the comparison of the patented invention of this case.

The non-obviousness is denied by name.

3. Determination as to the non-obviousness of the patented invention of this case

(a) Preparation for purposes;

The purpose of the patented invention of this case is to cleanly discharge the raw water discharged by dumping it.

The supply of one water, and the fixing of Bohions set up on the outside side of the lushes steel into Aluminum board.

As a result, the problem of the water tank is to solve (No. 2, No. 2, to No. 3) invention.

technical tasks are referred to as "part".

Consumed Invention has a water purification system capable of providing clean water.

The purpose of providing functional water tanks, etc. is to provide them (Evidence A, No. 5, No. 5)

See Section A, in detail, a description of the technical task that he/she intends to inform (see Evidence 5, No. 8, No. 33 to 9 pages 1).

j) Installation of a single heat (18) between the outer wall (10) and the outer wall (117) located 6 of the Do and 6 of the Do.

The ion problem of water tank is also solved through the technical composition to increase ionity.

Therefore, the patented invention of this case and the comparable invention are supplied clean water and the low temperature problem.

In providing a solution water tank, the technical field and purpose are the same.

(b) Preparation for composition;

(1) The elements of the patented invention of this case 1 ( floor board), the components 4 (inflowing of raw water), 5

(Inward valve-type valves), components 6 (Water Leakageline), components 7 (tent fixed board), components 8(n).

Section 1) The components 9 (Sller emission pipes) are the floor board (109) of comparable inventions, raw water acquisition pipes (150), raw water supply pipes (150); raw water

Water supply pipes (No. 5, No. 6, No. 7, and No. 9, No. 17) contained in the water supply pipe, and water supply pipes

(152), upper cover (108), inn (230, 87) and inn (151) the discharge pipes of foreign substances, respectively.

The technical fees publicly notified prior to the filing of the instant patent invention are between the parties.

There is no dispute, and it is substantially the same as the above response components of comparable inventions.

(2) In the patented invention of this case, the component 3 (Ttain KOGGE Corresing the atmosphere) of the patented invention of this case is compared.

The franchise of the commercial invention (122) corresponds to the outer wall (110) of the material connected to the parallel (122) of the commercial invention, two compositions

The elements are the same in that they form the external shape of the water tank.

However, the patented invention of this case is in line with the upper and lower parts of the studs steel board comprising the body of the wall.

Compared to the atmosphere, comparable inventions are connected to the franchis (122).

There may be differences, however, in the art of this year, by a person with ordinary knowledge in the art of this year, the wall of the luxtains lecture.

in connection B, if it is intended to force the combined strength to check water pressure, the method of franchising.

In the case of choice and combination robbery, the above choice is made in order to meet the atmosphere.

The difference in the same connection method is merely a simple change in design that can be selected voluntarily.

(3) Section 2(a) of the instant patented invention’s component 2(a) of the instant patented invention, 102) is the franchi Office of comparable Invention (122)

Pursuant to this chapter, 10 components of the patented invention of this case are supported by the 10th sentence of "I" and external support.

Compositions fixed on the side with Aluminium board) in comparable inventions 10 franchis (118) franchis (122)

and fixed to the outer side of the component A(No. 5, No. 8, 33-36) supported by the Corporation and fixed to the outer side (117)

and 16 Do 6) corresponding to the Do.

The above elements are supported by a specific means formed on the outer side of the water tank.

It is the same as each other in that it is a fixed and protected method by absence.

However, both inventions are the shape of a specific means ("1" type or franchise sub-chapter) supported by Bohin ("1").

Although there is a somewhat different difference in the installation methods, "1" in two inventions, "1", and "1 franchis", respectively.

Since it performs the same function to support hot materials installed on the surface of the two water tank outer walls, the above function is above.

The difference in technical composition such as that of the invention is a person with ordinary knowledge in the technical field to which the invention pertains.

The degree of design change that could easily be considered is nothing more than that of this.

Therefore, the above elements of the patented invention of this case are publicly known or compared before the application.

It is judged that the invention can be easily derived from the target invention.

(4) Next, the elements of the instant patent invention are easily made available by comparable inventions.

We examine whether it can be combined.

Each of the elements of the patented invention of this case are generally required in the water tank

being sufficiently recognizable by persons with ordinary knowledge in the field of technology; and

Close organic association between components as well as independent and parallel functions of the components; and

The relationship is not recognized.

Therefore, the person having ordinary knowledge in this technology is compared with the prior notice art prior to the filing of the application.

The technical composition of the subject invention is combined to derive the composition of the same contents as the patented invention in this case.

It seems that there is no particular difficulty.

(c) Preparation for effects;

(1) The effects of the instant patent invention are to ensure that the patented invention is discharged by sedimentation the non-nets of the raw water introduced into the country.

The supply of clean water and the fixing of visible materials installed on the outside side of the lutain steel board into Aluminum board.

As a result, the problems of the water tank are solved (as evidence No. 2, No. 4 "the effects of the invention").

However, the elements of the patented invention of this case are publicly known prior to the filing; or

could be easily derived from the order and the organic combination relationship between its components shall also be recognized.

As seen earlier, the effects of the instant patent invention are as follows. Thus, the effects of the instant patent invention constitute comparable inventions.

It is merely a simple combination of the corresponding components.

(2) The Plaintiff connects the instant patented invention to the atmosphere with the upper and lower parts of the Stain.

As a result, the installation work, etc. is simple and the cost is reduced accordingly.

I asserts, however, that this effect is sufficiently predicted from the technology itself, i.e., adjacent to the atmosphere.

Since it can be seen as a significant action effect, it can not be seen as a significant action effect.

Therefore, this part of the Plaintiff’s assertion is without merit.

(d) Sub-committee;

Therefore, the patented invention of this case is for the same purpose and its composition in comparison with the comparable inventions.

Invention with no difficulty and significant effects are difficult to be recognized.

non-obviousness is denied by reason of the paragraph (1).

4. Conclusion

Therefore, the patented invention of this case can be easily described from comparable inventions.

Since there is no sex, the trial decision of this case in the same conclusion is legitimate.

Thus, the plaintiff's claim seeking the revocation of the trial decision of this case is dismissed as it is without merit.

It is so decided as per Disposition.

Judges

Judge Lee Jong-soo

Judges Seo Young-gu

Judges Yoon Tae-sik

Site of separate sheet

[Attachment 1]

Patent of this case

1. Claims;

1. (Elimination of Claims)

2. Claims (Elimination)

3. Claim 3. A floor board installed on a concrete foundation of a specific size with a studio steel board (hereinafter referred to as “the floor board”);

1.5 1's components 1'); and 1's components to be installed on the upper side of the floor above at regular intervals.

Section 1(1)(1)(1)(1)(2)(2)(2)(2)(2)(2)(2)(1)(1)(1)(1)(1)(1)(1)(1)(1)(1)(1)(1)(1

and sing off the atmosphere by cutting and processing equally the length to form a water tank wall;

More than 100,000,000,000,000,000,000

The raw-water inflows to be installed to be supplied to the public (hereinafter referred to as "class 4") and the above raw-water inflows;

in the water tank, an inflow-type valve (hereinafter referred to as the "Organization") to adjust the level of raw water flowing into the water tank.

element 5 ''); and the fixed number installed to be located on the lower side of the water tank and to be supplied externally.

Outflowing pipes (hereinafter referred to as "conscept 6 of its constituent elements"); and Stainer Stains, comprising the above water tank bricks;

(hereinafter referred to as "gents") fixed boards to be installed to make a speech on the part of the department; and the above-mentioned fixed board

section 8(hereinafter referred to as 'ent element 8') which is fluent of surplus materials on the part of the official; and

The function of discharging outside in such a way as not to accumulated divers and foreign substances at the bottom of the leisure section.

The discharge pipes of the Sller (hereinafter referred to as the “Sller’s 9 components”) and the Department of Foreign Affairs; and the Department of Foreign Affairs shall be deemed to be the outside of the Pller’s Republic of Korea.

set up a material to maintain this section and to fix it to the external side of the material above.

Between the characteristics consisting of Aluminium (hereinafter referred to as “Aluminium component 10”) including Aluminium

A water tank for the studio water supply system.

2. Drawings;

Do 1 The Do 1 invention of the instant patent invention is the 'Ttain-type water tank' of the raw water tank for small-scale waterworks.

Do 2 Content for small-scale waterworks, the patent invention of this case, Do 3, the patent invention of this case, Switzerland for small-scale waterworks

The external structure of the water tank of the original water tank is also the external structure of the water tank. It is also the structure of the leisure system of the original water tank.

A person shall be appointed.

8

[Attachment 2]

Consumed Invention

1. Main contents;

Outwards (110) and internal walls (120) are arranged in the same structure as multiple walls, the head of the raw water treatment room.

B. (101) In combination with the upper part of the body (100) in which the interior is partitioned with the head office for water treatment and the head office for water treatment (102) and the head office for the head office (100).

the beginning of the technical composition of the floor board (109) combined with upper cover (108) and the lower part of the main body (100)

section 32(3).

In addition, the connecting pipes (150 to 155) shall be outer walls so that the head of the water can flow inside the head of the water treatment room (101).

10) Electrically formed in the direction of the thickness of the body (110) and in the control division (200 Do 7)

(150) and the head of the office of water treatment, having access to the quantity of oil (within the city) in place, and the head of the office of water treatment;

B. (102) Machines’ room (103) through a concrete machine storage unit (107) connected with the floor board of the 102 Bresh.

(106) or transit through the installation section (106) of the connection pipe to the outside; or

extended in the same manner as the discharge pipe of foreign substances (151) and the discharge pipe of foreign substances (151).

in the Control Book (200) contain a flow permit (it shall not be city) with electrical connection to the Control Book (200)

Water pipes (152) and air of outside air supply apparatus (it shall be located in a city) for reverse washing; water purification plants;

HUGE 230 : 230 Do 7) With air injecting pipes (153) for supplying them to such nivers, and such so;

In order to externally discharge wastewater, sludge, etc. generated inside a unit (230)

(230) Railss (154) connected to 230) and any tax flowing out of the outside to clean the tank.

1, 1, 2, and 1, 2, each of which is installed in the head office for the treatment of raw water (101) and the head office for the treatment of purified water (102), respectively.

b. contain a description that the supply of washing water to Sector Operators (180, 181) means Section 155.

section 30.

2. Drawings;

Do 2 Short-face map of water tanks urbanized in 4 Do 2,000 Do334,000,000

Functional water tanks equipped with water treatment systems;

For the purpose of explaining the composition

A person shall be appointed.

Do 5 Do 5 4 Do 14 Do 6 Do 4 Do 6 Do 4 Do Do 14 Do 2

Do7 A ground plan to explain methods for purifying comparable Invention 7

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