등록무효(특)
1. The decision made by the Intellectual Property Tribunal on November 23, 2015 regarding a case No. 2014Da3326, 2015Da3680 (Joint) shall be revoked.
2.
1. Basic facts
A. (1) On December 24, 2014, the Plaintiff filed a patent invalidation trial against the Defendant to the effect that the nonobviousness of the patent claim 1 and 3 of the instant patent invention is denied, and on June 24, 2015, the Intellectual Property Tribunal filed a petition for a trial on invalidation of a patent with the purport that “the nonobviousness of the patent claim 1 and 3 of the instant patent invention is denied,” and on June 24, 2015, the Intellectual Property Tribunal against the purport that “the nonobviousness of the patent claim 4 and 5 of the instant patent invention is denied.” (2) The Defendant’s request for correction of the patent invalidation trial of the instant patent on September 3, 2015, the Defendant filed a request for a trial on invalidation of the patent claim 1 of the instant patent invention as described in
B. 4) A correction request with the purport of correction as stated in paragraph (4) (hereinafter “instant correction request”).
(3) On November 23, 2015, the Intellectual Property Trial and Appeal Board rendered a trial ruling dismissing each of the above appeals by the Plaintiff on the ground that “the instant request for correction is lawful, and the corrected claims 1, 3, and 5 are not denied by prior inventions 1 through 4.”
B. The name of the Defendant’s patented invention (Evidence 2) invention of this case: The filing date of metal plate 2) / the registration date/registration number: Nov. 30, 2005 / Nov. 30, 2005 / [1b] the outline of the invention [a ground plan cutting metal plates using the original saw Day in accordance with the previous technology] used in cutting metal plates to solve the previous technology and the task to solve, the two parts (100a, 100b) of metal plates (10b) cut in the original saws of the task to solve the previous technology and the two parts (10a, 100b) of the metal plates (10b) cut may be separated from one another in the center of the saw (20). < Amended by Act No. 7813, Jul. 21, 2003>
These modifications of metal board(100) will be more affected by the net high heat generated by mashing force while cutting metal board(90) on a original saw (90).
The upper saws of the cut metal plate (100a, 100b) functioned as a low-air power that pressures a relatively original saw, thereby promoting damage to the original saws.