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(영문) 특허법원 2017.08.25 2017허1304

권리범위확인(특)

Text

1. The claim(s) for a patent C invention among a trial decision rendered by the Intellectual Property Tribunal on January 20, 2017 regarding the case(s) No. 2016Da810.

Reasons

1. Basic facts

A. On March 31, 2016, the Defendant filed a motion with the Intellectual Property Tribunal to confirm the scope of a patent right against the Plaintiff on March 31, 2016, and the Defendant’s verified invention specified in the attached Form B is as follows. The Plaintiff’s patent invention as indicated in paragraph (1), (3), (6), and (7) invention of the Plaintiff’s patent application (hereinafter “instant Claim Claim invention”).

2) The Intellectual Property Trial and Appeal Board held that the invention in question falls under the scope of the right of the instant Claim 6 and Claim 7 on January 20, 2017, which was examined by the Intellectual Property Trial and Appeal Board as 2016Da810 and which was confirmed on January 20, 2017. However, the invention in question falls under the scope of the right of the instant Claim 1 and Claim 7 on the ground that its newness is denied because the invention in question is identical to the prior invention publicly known.

3) The Plaintiff filed a lawsuit seeking revocation of the instant trial decision, and the Defendant also filed a lawsuit seeking revocation of the instant trial decision with respect to the part that determined that the invention subject to confirmation does not fall under the scope of the right to the instant invention among the instant trial decision, which is currently pending in the instant court, as the court 2017Heo168.

B. The title of the patented invention (A) 1: D2) filing date/registration date/registration number: E/F/patent C3: Plaintiff 4) The term “patent holder”: (a) the base width circuit composed of two spkes that generate spke by electric currents of high voltages claims 1 in the claim 1 in the claim 4 is formed inside and generated from electric blasting machines through blasting bus bars after being supplied with power from electric blasting machines; (b) the spkes generated from the spkes are supplied with power from the spkes; and (c) the sprinks generated from the spkes are connected to the spkes by the radio tubes installed in the tunnels.