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(영문) 특허법원 2014.12.12 2013허8451

등록무효(특)

Text

1. Patent registration number B invention in a trial decision rendered by the Intellectual Property Tribunal on September 30, 2013 regarding the case No. 2013Da10777.

Reasons

1. Basic facts

A. The name of the Defendant’s patented invention 1: C2) the priority date / the filing date / the filing date / the registration date / the registration number : the claim 1/D/ E/B 3 of July 30, 1997) / the claim 1/2 of the claim / the claim 3 / the electric theater line, which is the electric theater line set forth in the claim 3 / the electric theater line set forth in the claim 1 metal including Dong (hereinafter “Composition 1”).

(ii) at the edge of the straight line, the ingredients of No. 2 metal have been spread in the direction of No. 1 metal and formed in the core direction from the outer angle of the straight line by a mutual reaction of the metal No. 1 and the metal No. 2 (hereinafter referred to as “Composition 2”) and the semi-gold layers in which the ingredients of No. 1 metal have been spreading in the direction of No. 2 metal by a mutual reaction of the metal No. 1 and No. 2 on the straight line (hereinafter referred to as “contributing 2”).

(ii) the base gold layers formed above the core line are composed of the mutual reaction of No. 1 and No. 2 metal with the temperature of 1 metal lower than that of metal, and are composed of the base gold layers with a lower credit rate than that of the core line and lower than that of the core (hereinafter referred to as “Composition 3”).

) The Gohap is a multi-functional structure that includes a track that forms a rectangular sense of the length direction of the electric power line (hereinafter referred to as “Composition 4”).

) In paragraph 3 of section 4 of the claim, the above 1 metal is one of the same, yellow or dynamics, and the above 2 metal is one of an Aluminal, Aluminium, aluminium, tin or its combinations, and the main drawings (attached Form 1) of the 2 metal are as follows: (Attachment 1) the main drawings of the Defendant’s patented invention.

(hereinafter the Defendant’s patented invention is “the instant patented invention,” and Article 3(3) of the instant patented invention claims are “the instant Claim 3 inventions,” and the remainder of the claims are also described in the same way).

비교대상발명들 비교대상발명 1(특허공보 특1992-7689, 갑 제9호증), 비교대상발명 2(미국 특허공보 제4,341,939호, 갑 제10호증), 비교대상발명 3{일본 공개특허공보 소(昭)59-123752호, 갑 제11호증},...