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(영문) 대법원 2015.05.28 2015후314

등록무효(특)

Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

The judgment below

According to its reasoning, the lower court determined that, on the grounds as indicated in its reasoning, even if paragraphs (1) through (4), and (7) of the claims of the instant patent invention (patent registration number G) named as “D” are based on the cited inventions in the original trial, the nonobviousness of the invention cannot be easily claimed by a person with ordinary knowledge in the art to which the invention pertains, and thus, it cannot be seen

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal principles on the determination of inventive step

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.