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(영문) 특허법원 2018.08.31 2018허1431

등록무효(특)

Text

1. The decision made by the Intellectual Property Tribunal on December 22, 2017 by the Intellectual Property Tribunal on a case No. 2017Da2238 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Presumed factual basis

A. On July 14, 2017, the Defendant filed a petition for a trial for invalidation of registration (No. 2017Da2238) with the Intellectual Property Tribunal against the Plaintiffs, the patentee of the instant patent invention, on the ground that “the claim 1, 2, and 7 prior to the amendment of the instant patent invention, prior to the amendment, may easily be claimed by a person with ordinary knowledge in the technical field of the invention (hereinafter “ordinary technician”) through a combination of prior inventions 1, 2, and 3, the nonobviousness of the instant patent invention is denied.” (2) On August 31, 2017, the Plaintiffs filed a petition for a trial for invalidation of registration against the claim 1, 2, and 7 prior to the amendment of the instant patent invention (No. 2).

-4) A correction request with the content of correction as described in paragraph (4) (hereinafter “instant correction request”).

(3) On December 22, 2017, the Korean Intellectual Property Trial and Appeal Board recognized the instant request for correction as lawful, and rendered the instant trial ruling citing the Defendant’s petition for invalidation of registration on the ground that “The claim 1, 7 following the correction of the instant patent invention does not fall under the lack of specification, and the nonobviousness of claims 1, 2, and 7 after the correction of the instant patent invention is denied by the combination between the prior invention 1 and the prior invention 3.”

B. The title of the patented invention (A) 1: D2) filing date/registration date/registration date: E/G 3) of the patented invention of this case: the plaintiffs 4); the key inserted in 1 USBK after the correction of the claims, which is opened in the latter part, and the dives in which at least one means of 1 string is formed on one inner wall from among the inner walls facing each other of the above key inserted holes; the dives are used at the time of deducting the above dives from USBK; the 1 fixed and 2 fixed key placed; the 1 fixed key and the 2 fixed key are moved between the above 1 fixed key and the above 2 fixed key are included; and the above 1 fixed key and at least 2 fixed key are included.