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(영문) 대법원 2017.05.11 2016후2935

등록무효(특)

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The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court determined that: (a) claims 3 and 34 of the instant patented invention (patent registration number No. 921217) named “income presumption system and its method”; and (b) claims 33 of the instant patent invention (patent registration number No. 921217) satisfied the requirements of specification; and (c) claims 33 cannot be deemed to have been easily claimed by a person with ordinary knowledge in the art to which

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on the requirements for specification specification or the determination of inventive step of invention, contrary to what is alleged in the grounds of appeal

Therefore, the appeal is 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.