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1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.
2. Demanding and expanding the costs of appeal.
Reasons
1. Basic facts
A. The Plaintiff is engaged in the manufacturing and selling business of spackers’ vibration with the trade name of C, and the Defendant is the representative of D Co., Ltd. that is a company of the same business type.
B. The Defendant’s patent applied for registration of the following patent as to the so-called so-called spacker’s spacker’s spacker’
(hereinafter referred to as “instant patent”). 1) The name of the invention: F2) filing date/registration number: E/ G/H3: Defendant 4 (the claim 1, 5, and 7 related to the instant case are extracted, and the remainder of the claims is omitted; hereinafter referred to as “instant Claim 1, 5, and 7”) 【 Claim 1, 5, and 7” in the order of priority in the middle of the 1st spacker 1) . In the order of priority in the middle of the 1st spacker, materials containing solid rubber are compressed, and IM is formed on the front.
【Request 5” In paragraph 1 or 2 of this Article, in the case of Soviet, the second part of the first part, the second part, the first part and the second part of the above second part, one of the above strings, the above strings, one of the strings, the strings, the United Nationsls, Mraws, and the first part of the second part, and the above strings, the part of the above strings can be seen from the back of the strings, and the part of the strings consisting of two parallels with the outer part or the part of the string.
[Claims 7] In any of the provisions of paragraphs 1 through 4 or 6 above, M is the average line line line (Ra) 2.44 to 28.70, the maximum height (Ry) is 14.25 to 120, and the average period of 10 points (Rz) is 7.9 to 97.7.
C. The defendant is the complainant of the complaint case, the petitioner of the provisional disposition or provisional seizure application case, the plaintiff of the main claim lawsuit (the patent infringement prohibition lawsuit, the claim for damages lawsuit). The plaintiff (the defendant, the respondent, the defendant of the main claim) is based on the case.