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(영문) 특허법원 2018.06.22 2017허7777

등록무효(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. On April 13, 2017, the Defendant asserted that “the nonobviousness of the instant patent invention is denied by prior inventions, and its registration should be invalidated” to the Intellectual Property Tribunal against the Plaintiff, a patentee of the instant patent invention, as indicated below, and that the registration should be invalidated (hereinafter “instant petition for trial”).

(2) On September 6, 2017, the Plaintiff filed a request for correction with the Intellectual Property Tribunal to correct the claim, etc. of the instant patent invention (hereinafter “instant request for correction”); the invention described in the claims after the request for correction was made to the Intellectual Property Tribunal; and the claims before and after the request for correction were stated in the attached Table).

3) On October 25, 2017, the Korean Intellectual Property Trial and Appeal Board deliberated the instant case as 2017Da1124, the instant request for correction was allowed. The instant request for correction is made by a person with ordinary knowledge in the technical field to which the instant invention pertains (hereinafter “ordinary technician”).

) Since prior inventions can easily be made by prior inventions 1, 2, and 6, non-obviousness is determined to be denied and a trial ruling citing the instant request for a trial (hereinafter referred to as “instant trial ruling”).

B. B. Based on the Patent Gazette registered for the instant corrected invention (Evidence A2), the title of the instant corrected invention was reflected in the correction of the specification of the instant correction in order to review the party’s assertion. (1) The name of the invention: B2) patent registration number/filing date/registration date: C/D/E3: patentee: Plaintiff 4); the major technical field of the invention and the previous technical issues [technical field] the invention is related to the form of a light board installed on the left side of the internal pressure container, such as a tank lock (in two pages, “the technology to which the invention belongs and the previous technology in the field thereof,” and the first sentence of “the first sentence”).