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(영문) 특허법원 2017.10.19 2016허9820

등록무효(특)

Text

1. Claim 14, 15, and 15 of Article 1373819 of the Patent Act among the trial decisions rendered by the Intellectual Property Tribunal on November 28, 2016;

Reasons

1. Basic facts

A. The Plaintiff’s title of the instant patent invention (Evidence 1) (1): The Plaintiff is the name of the instant patent invention in the process of filing an amendment and decision of registration in the process of filing an application for the amendment and application for registration under Article 1373819 (3) of the Patent Act (No. 10-2012-702865) with respect to the instant patent invention on August 7, 2013 (PC/KR201/705) which were the basis of an international application (No. 10-2012-702865) (No. 205941).

(B) The claims No. 3 and No. 14 through 16 were added to claims 14 through 16 as described in subparagraph (4). On August 30, 2013, claims 13 were amended as described in subparagraph (4) and the text number of the detailed description of the invention [09] was amended as described in subparagraph (a) as described in subparagraph (iv) and submitted the amendment (Evidence No. 2) as described in the specification of the patented invention of this case.

(hereinafter referred to as “instant amendment” in total with the amendment made on August 7, 2013 and the amendment made on August 30, 2013. The Korean Intellectual Property Office examiner decided to register the patent of the instant patent invention on September 27, 2013.

(4) The claim(s) 【 Claim(s)’s 13th of the present Claim(s) 【 Claim(s)’ (amended by the amendment of this case’s 13th of the estimated unit’s restoration stage; the current stage of creating No. 1 man-art forecastr group using the predicted unit’s left side and on the upper side of the predicted unit’s estimated unit’s estimated unit’s estimated unit’s forecastr’s forecastr’s use; if the above instructions indicate the first man-art forecastr group, then the above forecastr’s forecastr within the No. 1 man-art forecastd unit’s forecastr.