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(영문) 특허법원 2019.12.19 2019허5690

취소결정(특)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s title of the instant patent invention (Evidence A 1 and 2) 1: C2) international filing date/priority date/registration date/registration number: D/E/ and F Patent Tribunal’s decision on November 28, 2016 at the trial decision of 2015Da2972 dated November 28, 2016, the First Indivers group of the instant patent invention consists of three indivers, but the basic application does not contain any such elements and thus the claim for priority is not recognized. Therefore, the retroactive application of the filing date for the determination of patent requirements was not applied. The Plaintiff, the patentee of the instant case, has no dispute over this, and thus, is not subject to the retroactive application of the filing date of the instant patent application.

3) Claim 13 【Claim 1 or 12】 Claim 13 【As of the confirmation of the nullification of the registration invalidation, (as of the determination of the invalidation of the patent registration : the stage at which the instructions of the Us.S. Es. predicted Es.s. unit and the forecast Mods. At the present stage at which the instructions of the Us.S. forecastd Es.s. unit are created by using current predicted Es.s. and forecast Mods. forecastds. 2 Es.s. forecasts. Mods. under the above forecasts. 1 Es. forecasts.s. Mods.’s forecasts. 2 Es.s. forecasts. Mods.’s forecasts. 2 Es.s. forecasts. Mods. 2 Es. forecasts. Mods. 2 Es. forecasts. Mods.’s forecasts.