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(영문) 대법원 2015.05.14 2015후17

등록무효(특)

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

According to its reasoning, the lower court determined that the nonobviousness of paragraph (7) could be easily claimed by a person with ordinary knowledge in the art to which the invention pertains pursuant to the comparable Invention 1, 2, 4, 5, and 6 of the instant patented invention (patent registration number E), on the grounds as indicated in its reasoning, pursuant to the cited Invention 1, 2, and 4 as indicated in the holding of the lower judgment, both claims 1, 2, 5, and 6 of the instant patent invention (patent registration number E), based on the cited Invention 1, 2, and 4 as indicated in the holding

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there is no error of law by misapprehending the legal principles on interpretation of claims and determination

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.