등록무효(특)
1. The decision made by the Intellectual Property Tribunal on March 2, 201 with respect to a case No. 2010Da1427 is revoked.
2. The costs of lawsuit shall be.
1. Basic facts
A. 1) The title of the invention of this case: C2) filing date/registration date/registration number: D/ E/F3: The patentee: claims and drawings in attached Form 1;
(hereinafter referred to as the " Claim 1 invention of this case" and the remaining claims are also the same). (b)
The cited inventions 1 pertains to “regional temperature control system device” published in the Patent Gazette (No. 1) published on January 12, 2006, and the cited inventions 2 pertains to “heating valve control device for heating temperature control” published in the Patent Gazette published on February 17, 1995 (No. 2).
The main contents and drawings of comparable inventions 1 and 2 are as shown in attached Table 2.
C. The Defendant filed a petition for a registration invalidation trial against the Plaintiff on the ground that the nonobviousness of the instant patent invention could be easily claimed by a person with ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary technician”) based on the cited inventions publicly known prior to the filing of the petition. The Intellectual Property Tribunal rendered a trial ruling citing the Defendant’s petition on the ground that the nonobviousness of the instant patent invention is denied as a result of the trial conducted by the Intellectual Property Tribunal under Article 2010Da1427.
【Ground for Recognition: Evidence Nos. 1 through 3, evidence No. 1 through 4 (including paper numbers), and the purport of the whole pleadings】
2. The parties’ assertion and the issues of the instant case
A. The summary of the Plaintiff’s assertion 1) The instant Claim No. 1 invention is non-obviousness recognized as non-obviousness, and the remaining claims subordinate thereto are also the same. 2) The instant Claim No. 1 through No. 4 inventions can substitute the temperature control mechanism for the digital temperature control system. Thus, if we understand the arrangement with the existing two lines of the arche temperature control mechanism, it is easy to arrange the instant Claim No. 1 through No. 4 inventions.