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(영문) 특허법원 2017.09.28 2017허1816

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. (1) On April 17, 2015, the Defendant filed a petition for a trial for invalidation of registration (2015Da2869) with the Intellectual Property Tribunal against the Plaintiff on the ground that “the nonobviousness of the instant patent invention claim 1 is denied by prior inventions 1 and 2, etc., and the registration should be invalidated.”

(2) On May 22, 2015, the Plaintiff filed a request for correction to the effect that the claims of the instant patent invention are corrected as indicated in [attached Form] (hereinafter “instant request for correction”). After the request for correction, the Plaintiff filed a request for correction of the invention described in the claims (hereinafter “instant corrected invention”).

(3) On January 23, 2017, the Korean Intellectual Property Trial and Appeal Board rendered the instant trial ruling accepting the Defendant’s request on the ground that “the instant request for correction is lawful, but the nonobviousness is denied by the combination of prior inventions 1 or 1 and 2.”

B. The Plaintiff’s patent invention of this case (No. 5) (1): The name of the invention of this case is Cpit pumps: a large malle house which is made with both the upper upper and lower parts of the parallel with the outer wall cryp and the outer wall cryp from the same cross-section structure, such as the high-rise apartment house, and a large malle house is moved vertically to a vertical line.

(2) Date/registration date/registration number: The summary background technology and problem of the invention D/ E/L (3) generally use the pit pumps, which are large steel structure, in constructing the outer walls of the high-rise building by way of concrete building (number / 002). The above pit pumps consist of a number of parts, such as fixing the ethyl pumps and work plate and handets, and fixing the above ethyl pumps to the inner pumps.

(No. (003) In order to construct the outer wall of a building, several pit pumps, which are large structures with a height of about nine meters in the weight of about 3 to 4 tons, are used, and such pit pumps are used by the string when one floor work is completed.