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(영문) 특허법원 2018.12.14 2018허6245
등록무효(특)
Text

1. The decision made by the Intellectual Property Tribunal on July 3, 2018 on the case No. 2016Da3223 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Presumed factual basis

A. On October 14, 2016, the Plaintiff filed a petition for a patent invalidation trial (No. 2016Da3223) with the Intellectual Property Tribunal against the Defendant on the following grounds: (a) the nonobviousness of the instant patent invention is denied; and (b) the patent should be invalidated. (b) The Defendant filed a petition for a patent invalidation trial (No. 2016Da3223) on January 9, 2017.

4) As described in subsection (b) of this Article, correction requests were made (hereinafter “instant correction requests”).

3) On July 3, 2018, the Korean Intellectual Property Tribunal recognized the instant request for correction as lawful. After the correction of the patented invention, the claim 4 and 8 of the instant patent invention were the same as prior inventions 1, 2, and 3 submitted in the instant lawsuit against comparable inventions. No inventive step is denied by means of non-obviousness. (B) the name of the instant patent invention (Evidence B No. 2, 3, B No. 1) invention: B: filing date of priority/ filing date/registration date/registration date: C/198.31./E3: Defendant 4) Prior to the correction of the claims, 【the Claim 1 of this case’s Claim 2 of this case’s amendment was made with at least one of the two parts of this case’s reinforced concrete molds, which were linked to the outer body of this case’s main body or at least one of the parts of this case’s reinforced concrete molds that were linked to the outer body of this case’s main body of this case’s main body, which was linked to the upper body of this case’s main body.

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