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(영문) 대법원 2017.04.07 2016후2690

등록무효(특)

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The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

In a patent invalidation trial on the instant patent invention (patent registration number No. 66304), the lower court determined that the nonobviousness of the claim No. 1, which was corrected on September 24, 2015, was denied by prior inventions, based on the patent invalidation trial on the name “new O-A-A-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O

The judgment below

Examining the reasoning in light of the record, the lower court’s determination is justifiable.

The lower court did not err in its judgment by misapprehending the legal doctrine regarding the determination of inventive step of an invention as alleged in the grounds of appeal, or by exceeding the bounds of the principle of free evaluation of evidence.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.