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(영문) 특허법원 2017.10.12 2017허3225

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 15, 2016, the Defendant filed for a trial for invalidation of registration (2016Da95959) against the Plaintiff and the stock company, the right holder of the instant patent invention, claiming that “the Claim 1 through 3, of the instant patent invention, may easily be claimed by a person with ordinary knowledge in the technical field to which the invention pertains (hereinafter “ordinary technician”) from prior inventions 1 through 4, and the nonobviousness thereof is denied.”

(2) On July 11, 2016, the Plaintiff and the Plaintiff Company filed a request for correction of the claims, etc. of the instant patent invention with the Intellectual Property Tribunal (hereinafter “request for correction of the instant patent invention”); and the invention described in the claims after the request for correction was made (hereinafter “instant corrected invention”).

(3) On April 24, 2017, the Korean Intellectual Property Tribunal rendered the instant trial ruling accepting the Defendant’s request on the ground that “The instant request for correction is lawful, and there is no omission in the specification of the instant corrected invention, but the claim 1 through 3 of the instant corrected invention is denied by prior inventions 1 through 3, and its registration should be invalidated, as the nonobviousness is denied by prior inventions 1 through 3.”

B. The title of the instant patent invention (A) invention: The filing date of the non-fresh automated pipe surface treatment device (2)/registration date/registration number: November 9, 2015 / December 15, 2015 / In general, as a representative technology that treats the inner diameter of the invention under the outline of the patent No. 1579412 (3) of the Patent Act, the shock blst device can be seen as examples.

The shock pool equipment is widely used and is capable of spraying a large number of irons on the surface of the processed metal products in the form of brewing, cutting, and voltage, etc., so as to remove melting and strings on the surface of the processed products or straws.

The show blosts.