등록무효(특)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The title of the instant patent invention 1: The name of the patent invention: the flag gap and its manufacturing method 2) filing date/registration date/registration number: September 9, 2010; the patentee on July 5, 2012; the claim(s) and major drawings (attached Form 1).
Not more than hereinafter, the claim 3 of the patented invention of this case is referred to as the "claim 3 invention of this case", and the remaining claims are also described in the same manner.
B. Invention 1) Invention 2 (No. 5) A, published on April 26, 2007, concerning the Japanese Patent Gazette No. 2007-109498, published on April 26, 2007, the main contents and drawings thereof (attached Form 2) are as follows: (a) Invention 4 (Evidence No. 7) A, published on September 30, 1994, concerning the “floit board” published on the Japanese Patent Gazette No. 6-70274, published on September 30, 1994; and (b) the main contents and drawings thereof are as shown in Section 3 (attached Form 2).
C. On July 25, 2013, the Plaintiff asserted that “The instant Claim Nos. 1, 3, and 9 inventions can be easily conducted by the same or comparable inventions as those launched in the comparable inventions, including the comparable inventions 2 and 4, and their registration should be invalidated.” On July 18, 2014, the Intellectual Property Tribunal rendered a request for a trial for invalidation of registration (2013Da1978) against the Defendant on the ground that “the nonobviousness of the instant Claim Nos. 1, 9 inventions is denied, but the nonobviousness of the instant Claim No. 3 inventions is not denied.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 7, the purport of the whole pleadings
2. The Plaintiff’s assertion 3 inventions can easily be derived by combining comparable inventions 2 and 4, and the nonobviousness of the invention is denied.
3. Whether the inventive step of the instant Claim 3 was denied
(a) preparation for 1 Composition 1 against composition and action effects;