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(영문) 특허법원 2016.08.25 2016허1857

등록무효(특)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Case summary

A. 1) On July 21, 2015, the Defendant’s title against the Plaintiffs is “D” (registration number: E, patentee: the Plaintiffs) (hereinafter “instant patent invention”).

(2) On February 18, 2016, the Intellectual Property Tribunal accepted the Defendant’s claim on February 18, 2016, and rendered a ruling that the claims 1, 2, and 4 of the instant patent invention is invalid under Article 29(2) of the Patent Act (hereinafter “instant trial ruling”).

B. 1) The filing date/registration date of the patented invention in this case: 1) Claim No. 1 (F/G2) 【 Claim No. 11 (11)’s inner side of the vertical frame of Claim No. 1; 2000; 3) the upper part of the inserted space (16) with the upper part of the upper part of the confinement home No. 1 (20) added the upper part of the outer frame of Claim No. 3 (20) together with the upper part of the upper part of Claim No. 4 (14) added the upper part of Claim No. 3 (20) together with the upper part of the upper part of Claim No. 4 (11), and the upper part (14) added with the upper part of Claim No. 30 (20) added with the upper part of Claim No. 4 (14) together with the upper part of the upper part of Claim No. 30 (20).