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(영문) 특허법원 2016.10.13 2016허4030

등록무효(특)

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1. The decision made by the Intellectual Property Tribunal on May 13, 2016 by the Intellectual Property Tribunal on the case shall be revoked.

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

Reasons

1. Basic facts

A. On September 30, 2015, the Plaintiff’s trial decision of this case 1) against the Defendant who is a patentee at the Intellectual Property Tribunal (hereinafter “instant Claim 8”) regarding the instant patent invention’s claim 8 (hereinafter “instant Claim 8”).

(i)a person with ordinary knowledge in the technical field to which the invention pertains (hereinafter referred to as “ordinary technician”);

(2) On May 13, 2016, the Korean Intellectual Property Tribunal rendered a trial ruling dismissing the Plaintiff’s appeal on the ground that the nonobviousness of the instant Claim No. 8 was not denied on the ground that the nonobviousness could be easily denied on the ground that the nonobviousness could be denied. (2) The Korean Intellectual Property Tribunal deliberated the instant case as 2015Da4759, and subsequently dismissed the Plaintiff’s appeal on the ground that the nonobviousness of the instant Claim No. 8 invention was not denied.

B. The name of the Defendant’s patented invention (Evidence 3) invention 1: The date of filing of the accelerator manufacturing system, the accelerator manufacturing method and the accelerator 2) / the registration number: the date of July 5, 2005 / the patent 10-573906 / the claims 1 through 7 (not subject to dispute) / the claims 8 [Attachment 8] the claims / the accelerator or the accelerator handling method for video treatment agents / the face of the accelerator in the shape of accelerator 1 to the body of the body of the Defendant, and then cut off the accelerator tamp in the shape of accelerator 4 in the shape of the accelerator tamped in the form of the accelerator 1 to the body of the Defendant’s body of the Defendant’s patented invention through quantity or other means, making it possible for the Defendant to attach the accelerator 1 to the body of the body of the Defendant to the surface of the accelerator 2 to the surface of the body of the accelerator 3 to the surface of the body of the earth and the body of the accelerator 2 to the body of the earth.

C. The sequences of preceding inventions are presented at the trial stage of this case.