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(영문) 특허법원 2015.02.05 2014허3408

등록무효(특)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The title of the patented invention of this case (Evidence 2) 1: Amino in the organicamno room refers to nitrogen (N) and the actual egg refers to -SiHn, including nitro (Si). The former body refers to a substance at the earlier stage than a specific substance in the process of a series of reaction. The former body refers to the latter body in the process of a series of reaction. 2) The filing date of the claim for priority / the date of a priority/ the date of registration/registration/registration number: the date of May 16, 2007. / June 12, 2009/ June 12, 2009: the patentee of the Plaintiff 4).

B. Cited Invention 1 (Evidence No. 5) Invention 1, which is described in the Japanese Patent Gazette No. 6-13276, which is published on May 13, 1994, refers to a material that “the method of forming semiconductors” is indicated in the Japanese Patent Gazette No. 6-13276, which is published on May 13, 199, and its main contents are as shown in attached Form 2(1). 2) Added Invention 2 (Evidence No. 6), which is published on February 23, 2005, published in Korea’s Patent Gazette No. 2005-18641, published on February 23, 2005, the term “the so-called “the so-called “the so-called “the so-called “the so-called “the so-called “the so-called “the so-called “the so-called “the so-called “the so-called “the so-called” means the so-called “the so-called “the so-called”).

3) Cited Invention 3 (No. 2) stated in the U.S. Publication No. 2004/0219746 A1, which was disclosed on November 4, 2004, “a system and method (Sym and ox layers) forming metal acid (Syms and method).” (C) The Defendant filed a petition for invalidation trial (No. 2398) with the Intellectual Property Tribunal against the Plaintiff, the patentee on September 12, 2012, asserting that the nonobviousness of the instant patent invention was denied by Cited Invention 1, or that the nonobviousness of the instant patent invention was denied by combining Cited Invention 1 or comparable Invention 1 or 2.

2. The plaintiff is the above adjudication procedure.