등록무효(특)
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The Korean Intellectual Property Tribunal on December 2016, 201.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the ground of appeal No. 2, since the patent applicant stated the matter that the patent applicant wishes to be protected as a patented invention, the confirmation of the invention subject to a new and advanced determination shall be based on the matters described in the patent application, and it is not allowed to limit or expand the patent application pursuant to other provisions, such as the detailed description of the invention or drawings.
However, since matters described in the claim can be understood accurately by taking into account the detailed description of the invention or the drawings, etc., the matters described in the claim shall be based on the general meaning of the text, and shall be objectively and reasonably interpreted objectively and objectively after considering the technical significance of the invention to express by the text, taking into account the detailed description, drawings, etc. of the invention.
(대법원 2007. 9. 21. 선고 2005후520 판결 참조). 원심은, 명칭을 “기둥형 입자를 가지는 테스트 소켓”으로 하는 이 사건 특허발명(특허등록번호 제1019721호)의 특허청구범위 제2항(이하 ‘이 사건 제2항 발명’이라 한다)의 원심 판시 구성요소 4 중 ‘기둥형 입자’ 부분을 이 사건 특허발명의 명세서 중 상세한 설명 등을 참작하여 ‘상단과 하단이 모두 평평한 단면을 가진 것을 의미하고, 상단과 하단이 뭉툭하거나 뾰족한 것까지 포함하는 것은 아니다’고 해석하였다.
Examining the record in accordance with the above legal doctrine, the lower court did not err by misapprehending the legal doctrine on the interpretation of the scope of claims, thereby failing to exhaust all necessary deliberations.
2. As to the grounds of appeal Nos. 1 and 3, the lower court, based on its stated reasoning, stated in the instant Claim No. 2.