[거절사정][공1992.3.15.(916),907]
The case holding that it cannot be said that the device can not be easily designed by a person with ordinary knowledge in the technical field to which the device belongs, since the technical composition of the device is different from that of the device or the cited device and its effect has improved.
The case holding that since the application for the salting village is identical to the cited plan that the upper part of the salting fish is being combined with fin, the upper part of the salting fish is formed with the scaming scaming scaming scaming scaming scaming, and second, since the scaming scaming is designed to use all the scaming scaming scaming scaming, its technical composition is different from the previous device and the scaming scaming scaming scaming scaming scaming, when the scaming scam not using the scamling scamling for a daily life is given an opportunity to visit the scaming and eating the scaming scaming, unlike the scaming scaming scaming, it can be seen that the scaming scam is more easily used.
Article 5 (2) of the former Utility Model Act (amended by Act No. 4209 of January 13, 1991)
Applicant
The Commissioner of the Korean Intellectual Property Office
Korean Intellectual Property Trial Office Decision 90Na832 dated July 16, 1991
The original adjudication is reversed, and the case is remanded to the Korean Intellectual Property Office.
The grounds of appeal Nos. 8 and 9 are examined.
1. According to the reasoning of the decision of the court below, the court below held that the plaintiff's main design is about the salted fish of a form different from the usual salted fish, with the name of KOREA FORK, and compared with the device of the opium 53-13077 (Publication of October 16, 1978) published prior to the filing of the plaintiff's application, the two devices are identical to the structure of combining the two salted fish, and the technology composition forming the salted fish to contact the salted fish with the salted fish, so that foreigners or young children can easily use the salted fish, and its effect is almost the same as that of the 19th of the 1st of the 2nd of the 1st of the 1st of the 2nd of the 1st of the 1st of the 2nd of the 1st of the 1st of the 2nd of the 1st of the 1st of the 2nd of the 1st of the 1st of the 2nd of the 1st of the 2nd of the 2nd of the 3th of the 2nd of the 3th of the 2.
2. However, according to the records, the quoted garments are more even if the existing garments are used, and it is easy to manipulate it by using the garments. Therefore, it is possible to see the upper part of the two even if the salted garments are mixed with each other, so it is possible to cite the garments on the part of the middle garments, so it is possible to use the garled garments with the previous garments, so it is not easy to see that the garled garments are used by the garled garments, but it is not easy to see the garled gars, so it is not easy to see the garled garsing gars, and it is also possible to see the garled garsing gars, so it is not possible to see the garsing garsing gars, and the garled garsing gars, which is more easily used by the garled garsing gars.
Therefore, without examining the remaining grounds of appeal by appellant, the original decision is reversed, and the case is remanded to the Korean Intellectual Property Office for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Sang-won (Presiding Justice)