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(영문) 특허법원 2017.11.29 2017허5818

등록무효(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. On July 20, 2016, the Plaintiff filed a petition for a trial for invalidation of registration (2016No. 2133) with the Intellectual Property Tribunal against the Defendant on the ground that the patent claim 4, 5, 13, and 14 of the instant patent invention are identical substantially to the prior invention 1 and 2, or that the nonobviousness is denied because a person with ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary engineer”) can easily make an invention, and that the nonobviousness is denied. (2) The Intellectual Property Tribunal dismissed the instant trial decision to the effect that the patent claim 13, and 14 of the instant patent invention are not denied by the prior invention 2, but the patent claim 4, and 5 of the instant patent invention are not denied by the prior invention 1, 2017.

Accordingly, the Plaintiff filed a lawsuit seeking revocation of the part concerning the claim 4 and 5 of the instant patent invention among the above trial decision.

B. The name of the Defendant’s patented invention (No. 1 and No. 2) invention of this case: D2)/application date/registration date/registration number: The effect of neglecting the effects of the invention as of December 4, 2000 on the summary of the invention means the phenomenon in which electricity or electric power occurs in the direct angle direction from the body in the self-infinite to the right angle direction from the body in the self-infinite to the body in the self-infinite, and both his own and electric current. The measuring device must be equipped with large special advanced container or cooling motive and large electronic stone so it is difficult to bear facility investment costs, it is difficult to conduct a measurement work, and there is a large number of time to conduct a measurement (No. 036/039). The technical task of the patented invention of this case is to reduce the investment cost of equipment, to measure the effect of making a simple measurement, to measure the effect of measuring the measuring device, to provide a method of measuring the measuring device [40/400]