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(영문) 특허법원 2017.10.19 2017허80

거절결정(특)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 9, 2010, the Plaintiff filed an application for patent application of this case (No. 10-2010-70792) with the name of “the method of identification for the identification of an electrical chemical test” (the filing date of priority claim: October 10, 2007).

B. (1) On December 31, 2014, the examiner of the Korean Intellectual Property Office notified the Plaintiff of the grounds for rejection that “an invention described in the Claim 1, 2, 10, and 18 (hereinafter referred to as “ Claim 1”, and the remainder of the claims are described in the same manner) of the invention claimed in the patent application No. 1, 288, and 653 of the European Patent Gazette is denied in accordance with Article 29(1)2 of the Patent Act (hereinafter referred to as “prior invention”), and the nonobviousness of the invention in the instant case is denied in accordance with Article 29(1)2 of the Patent Act.”

On March 2, 2015, the Plaintiff submitted a written opinion and amendment, but the examiner of the Korean Intellectual Property Office rendered a decision of refusal on July 20, 2015 on the ground that “the nonobviousness of the instant inventions is denied.”

(2) On August 19, 2015, the Plaintiff filed a petition with the Intellectual Property Trial and Appeal Board for the revocation of the foregoing decision of refusal (2015 Won4798) and submitted the amendment at the same time. However, even during the pre-examination procedure, the examiner of the Korean Intellectual Property Office maintained the original decision on September 22, 2015.

(3) On November 9, 2016, the Intellectual Property Tribunal rendered the instant trial ruling dismissing the Plaintiff’s appeal on the ground that “the nonobviousness of the instant Claim No. 1 is denied by prior inventions.”

C. The patent application invention of this case (as amended on August 19, 2015, evidence No. 9, evidence No. 9, and evidence No. 1) (1) The first test of the problems in previous technology is generally used for the same purpose as the measurement by the person whose blood urology of a urology was measured.

These tests include a dynamic and reaction, and at the time of use, measuring instruments.