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(영문) 특허법원 2015.07.16 2014허7073

거절결정(특)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s name of the invention 1) invention of this case: The date of application / the application number of the tank (Tank-2) equipped with reinforced main gambling 2) invention: The claims and main drawings of the Prior Invention 1 (A evidence 12) are as shown in attached Form 1. (b) Prior Invention 1 (A evidence 12) prior invention 1) is related to “the pressure structure of support of a joint member of the Japanese Utility Model Gazette 55-122600, published on August 30, 1980,” which is published in attached Form 55-12600, and its main contents and drawings [Attachment 2].

2) Prior inventions 2 (A) prior inventions 2 (No. 13) are related to the “structure of a member of a lower-class storage tank” described in the Japanese Patent Gazette No. 55-78896, which was disclosed on June 13, 1980, and its main contents and drawings (attached Form 3) are as follows. (c) With respect to the instant patent application invention, the grounds for the instant trial decision are as follows: (i) the KIPO examiner, on November 15, 2013, made a decision of refusal if the nonobviousness is denied because it is easily possible by prior inventions 1, 2, etc. on November 15, 2013.

2) On August 22, 2014, the Korean Intellectual Property Trial and Appeal Board rendered the instant decision to dismiss the Plaintiff’s appeal on the same ground as the foregoing decision of rejection. [In the absence of any dispute over grounds for recognition, Gap’s evidence Nos. 1 through 13, and the purport of the entire pleadings.]

2. Claim 1 of the instant patent application invention is referred to as “ Claim 1 invention of this case”.

existence of inventive step

A. In comparison with the technical field, paragraph (1) invention of this case is related to "a liquid storage and a heatly cut tank for transporting liquid natural gas (LNG) by ship" (Evidence No. 2 of this case). Prior Invention 1 is related to "a structure for supporting pressure of a cocons which combines a group of members so as to enable a panel to be able to be able to be able to be able to be able to be able to be able to be able to be able to be a member (Evidence No. 12 of the A)," and Prior Invention 2 is related to "a structure of a group of members of a low temperature storage tank" (Evidence No. 13 of the A).