beta
(영문) 특허법원 2017.07.14 2017허240

등록무효(특)

Text

1. The decision made by the Intellectual Property Tribunal on November 23, 2016 by the Intellectual Property Tribunal on a case No. 2016Da741 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On March 23, 2016, the Plaintiff asserted that the nonobviousness of the instant patent invention was denied, and filed a petition for a trial on invalidation of registration with the Intellectual Property Tribunal against the Defendant on March 23, 2016, by asserting that the nonobviousness of the instant patent invention could be easily claimed by a person with ordinary knowledge in the technical field to which the instant invention pertains (hereinafter referred to as “ordinary technician”) from the preceding invention 1 through 3 (hereinafter referred to as “the instant petition for correction”) (No. 2016Da741), and filed a petition for a trial on invalidation of registration (hereinafter referred to as “instant petition for correction”). The Defendant deleted the claim 1 among the instant patent invention on August 19, 2016, included the claim 1 in the instant patent invention in the claim 2, and added the “in the absence of support in the opticalbrobeet” to “in the absence of support in the opticalbrobe”, and the claims 5 and 6 claims 2 to accept the claim (hereinafter referred to as “instant petition for correction”).

3) On November 23, 2016, the Korean Intellectual Property Trial and Appeal Board is legitimate for the instant request for correction. The amended part of the claim 1 of the instant patent invention is unlawful due to deletion, and the corrected part of the claim 2 through 6 of the instant patent invention cannot be easily claimed by a person with ordinary skills by prior inventions 1 through 3, and the inventive step is not denied, and there is no reason for lack of description.

The instant patent invention 1) The Defendant’s patent invention is named as “the title of the instant patent invention: (a) the filing date and the registration date/registration number: (b) the filing date and the registration number of the instant patent invention on September 3, 2012; (b) the summary of the instant patent invention pertains to the pipe cancer that supports the operation of an apparatus such as the Hands, etc. for medical use; and (b) the content of the instant patent invention is equipped with optos that ensure that the instant patent invention can be operated by the equipment such as the Hands, etc. for medical use.

(Identification Number (001) . [Do 1] Section 1] Section 2, which is equipped with optops with the content of the previous optos of optos of Madern cancer.