Plaintiff (Attorney Hwang Young-ju et al., Counsel for the plaintiff-appellant)

The Commissioner of the Korean Intellectual Property Office

Intervenor Co., Ltd. (Patent & Patent & Law Firm Man, Patent & Law Firm leap, Patent & Law Firm 2 others)

July 5, 2007

1. The decision made by the Intellectual Property Tribunal on July 27, 2006 on the case No. 2005 Won1977 shall be revoked.

2. Of the costs of lawsuit, the part resulting from the intervention shall be borne by the defendant's assistant intervenor, and the remainder shall be borne by the defendant.

The same shall apply to the order.

1. Basic facts

A. Application invention of this case

(1) Name of invention: An art worker prior to type of invention.

(2) Date of application/priority date (the date of priority)/application number: September 8, 199/ September 28, 1999/No. 2000-5378

(3) Applicant: The plaintiff

(4) The scope of claims (which was amended by the amendment of January 19, 2005, and the major drawings are as shown in attached Table 1).

1. 8.M.S. 8.M. 8.M. and 6.M. 8.M. 8.M. 1.M. and 6.M. 8.M. 1.M. 6.M. 8.M. 1.M. 6.M. 4.M. 8.M. 8.M. 8.M. 8.M. 8.M. 8.M. 8.M. 4.M. 8.M. 8.M. 4.M. 8.M. 8.M. 4.M. 8.M. 8.M. 8.M. 8.M. 8.M. 8.M. 8.M. 4.M. 8.M. 8.M. 8.M. 8.M. 8.M. 8.M. 8.M. 1.M. 8.M. 1.M. 2.M.M. 1.M.M. 2.M.M. 1.M.M.M.M. 1. 8. 2.M.M.M.M.M.M. 1. 8. 8.M.M.M. 8. 2. 2.M.M.M. 2.M.M. 2. 2. 2.M.M. 2/M.

2. to 4. (Omission)

5. Claim(s)

B. Summary of comparable Invention

(1) Cited Invention 1 (A No. 3)

The name published in the Japanese Patent Gazette (Publication Number: No. 11-196627) published on July 27, 1999 is “the franchise of a passenger flag” and the main contents and drawings are as shown in Appendix 2.

(2) Added Invention 2 (A No. 4)

The name published in the Japanese Patent Gazette (Publication No. 9-149717 of June 10, 1997) published on June 10, 199 is "the structure of the main contents and drawings of the weekly transition cases of the passenger flag", and the main contents and drawings are as shown in Appendix 3.

(3) Added Invention 3 (A No. 5, B No. 10)

As a manual for the users of the passenger flag SPA published on May 1994, the main contents and drawings of the company are as shown in attached Form 4.

C. The procedural background

On September 8, 200, the Plaintiff filed an application for the instant invention with respect to the patent application, but the Korean Intellectual Property Office examiner, on March 3, 2005, rendered a decision of refusal on the ground that the patent application invention was not non-obviousness compared to the cited inventions. The Plaintiff filed a petition for a trial seeking revocation of the patent application on the ground that the patent application invention was not non-obviousness. The Korean Intellectual Property Trial and Appeal Board reviewed the above petition for a trial as 2005 Won1977, and subsequently, on July 27, 2006, dismissed the said petition for a trial on the ground that the patent application invention could not be easily described by combining the cited inventions by a person with ordinary knowledge in the technical field (hereinafter referred to as “party business operator”).

【Evidence-Related Evidence Evidence Nos. 1 through 5, Eul Nos. 1, 2, 10, and the whole purport of the pleading

2. Determination as to whether the instant Claim 1 invention has non-obviousness

A. Summary of the technical content of the instant Claim 1 invention

The instant Claim 1 invention pertains to a type of passenger electric utility model [the largest representative as a type of passenger electric utility model (hereinafter referred to as “patching machine”). The instant Claim 1 invention and comparable inventions indicate “hathing machine” (hereinafter referred to as “hathing machine”) as a type of passenger electric utility model. The type of passenger electric utility model consists of a classical driving machine and a core donation (4, a core donation). The engine (11)’s power power is delivered to an electric wheels (1) and the rear (2) and carried out a type of passenger electric utility model after its delivery. The interval between mothers is adjusted by day-to-day transmission. The instant Claim 1 invention is installed with a power-driven system (49) without permission, and the engine is conveyed to a type of electric power-driven machine (14) and its engine is conveyed to a type of electric power-driven machine (14) and its engine is conveyed to a type of motor-wheeled machine (14) and its engine is conveyed to a type of electric power-driven machine and its engine (16).

Power-drivens shall be transferred to 2 axiss (67) through 51 by 1studs (51). Power-drivens sent to 2nduds shall be sent to 3rd-hours (76) through 3rd-hours (75) and shall be sent to 3rd-hours (72) through 4rd-hour Engines (76) and shall be sent to 4rd-hours through 7rd-hours (77) and shall be sent to 8rd-hours (52) by 4rd-hours) and shall be sent to 6rd-hours (referring to 78,79) connected to 4rd-end social engines (77). Such power-drivens shall be sent to 8rd-ends (1st-ends) and shall be sent to 2nd-time 8th-ends (2nd-ends) by 44th-end studs). They shall be sent to 5th-ends (2nd-ends).

(b)to prepare for technology and objectives;

The purpose of the instant Claim No. 1 invention is to provide a passenger-style transplant with two strings in the power transmission systems of the main and core machinery power system. The purpose of the instant Claim No. 1 invention is to provide a passenger-style type 1 invention, which is, the two strings of the main and second strings are the same as that of the instant Claim No. 1 invention, and there is no difference between the technical field and the purpose of the instant Claim No. 2. Invention 3 is to provide a passenger-style type 1 invention, which consists of two strings of the main and second strings of the main and second strings of the main and second strings, and the two strings of the main and second strings of the main and second strings of the main and second strings of the main and second strings of the mobile strings of the mobile strings of the mobile strings of the instant case.

(c) Preparation for composition;

(1) Components 1

The components 1 components 1 are the composition of the engine engine power, which is entered in the motor-speed machine (9a) which is linked to the motor vehicle dedicated to the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and right are exercised.

(2) Components 2

The components 2 are comprised of “sponsive transmission devices (49) installed as transmission devices (49) in the vicinity of transmission devices before and after the margin at the side of the variable rink (9).” The engine power is input through the transformation rink.” There is no difference in the structure of “influorative transmission devices (31, oil pressure-free unauthorized transmission devices) installed in the comparable invention 1, where the engine power is changed to the front and rear side of the engine rink (11), and thereby, the engine power is input into the drive rink.”

(3) Components 3

The components 3 are the structure of the 2nd axis (67) in which a person receives engine power from a nearby engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine (49) and power engine engine engine engine engine engine engine engine engine (5) from the first axis (51). There is no difference in the structure of the 60th unit with regard to power engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine (35), and engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine engine (31), through the first transmission engine (32, “the drawing display number 63,67, and 68)” in comparison 1.

(4) Components 4

(A) The constituent elements 4 are set up in the main equipment (54) in which power from the core output machine (80) installed in the main equipment (84) is operated. The main equipment is set up in the main equipment (54). The main equipment is a type of motor (67) linked to the main equipment (87) connected to the main equipment (the foregoing method is referred to as the “spatisfic change” in the main equipment (82), which is fit to the external operation of the main equipment (the foregoing method is referred to as the “spatfic change” in the main equipment). The main equipment is a type of motor (87) connected to the main equipment (the foregoing method is referred to as the “spatfic change” in the main equipment (the foregoing method is referred to as the “spatfic change”).

This is, in comparison with the comparable invention 1, a device for day-time transmission of power inputs from small-term games (68) installed at 35 square meters. A device for day-time transmission is to be delivered to PTO electric motors (64a, 64b) installed freely outside, and is to be sent in order to 61) and 2 can be sent to the 2-time mobile storages (62), which are capable of being sent to 2-time mobile storages (1) in order to enable day-time transmission of 2-time mobile storages (82), which are capable of transmitting 2-time mobile storages to the outside of the 2-time mobile storages (1) and are capable of transmitting 2-time mobile storages to the outside of the 2-time mobile storages (62-day mobile storages).

(B) Compared Invention 4 and comparable invention 1 are identical in that they are primarily dynamics that regulate the distance between power-drivens from 1 axiss. However, components 4 are capable of multiple cores by means of multiple air-driven engines (83) and terminal heat (87). On the other hand, comparable invention 1 is a day-time change engine (e.g., e., e., e., e., e. 1; if it is intended to serve a day-time change; 82,83); 2. 4. 8. 8. 8. 8. 1. 4. 8. 4. 8. 4. 1. 6. 1. 6. 1. 1. 1. 1. 1. 6. 1. 1. 1. 1. 1. 1. 2. 1. 1. 1. 1. 1. 1. 2. 1. 1. 2. 2. 2. 1. 1. 1. 1. 1. 1. 2. 2. . 2. 2. 2. . . . 2. 1. . . . 1. 1. 1. 1. 1. 2. . . . . . . 1. . 1. . . . . . . 1. 1. 1. . 1. . . . . . . 1. . . . . . . 2. . . . . . . . . . . 1. 1. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. .. m. m.......... m. m. m........... ............................... . .

(C) The components 4 and the comparable invention 3 are the same in that they are primarily dynamics that regulate the distance between mothers by transmitting power generated from the 1st (2nd) axiss. However, the elements 4 are: (a) while comparable inventions 3 are equipped with a day-to-day change accelerator in a method that can be seen inside the catch; (b) comparable inventions 3 is equipped with a day-to-day change accelerator in an alternative engine, and a day-to-day change accelerator in an alternative engine inside the catch; and (c) on the course of transmitting power generated from the core machine, the power generated from the 1st axis (64) and the power generated from the 1st (80) to the core power axis (82). On the other hand, comparable inventions 3 are not directly delivered to the 2nd 2nd 2nd cats of the 2nd tatch and the 3rd cat 1st cat of the comparable inventions.

(D) On the other hand, the comparable invention 2 is equipped with the scopic transition lines (73,74,75,76) connected alternatively to the main ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ecopic ec.).

First of all, we examine whether it is easy to install the main transmission apparatus of comparable invention 2 in the case of comparable invention 1 or 3 in the case of comparable invention 1 or 3. In the comparable invention 2, the main transmission apparatus is set up immediately below the core transmission axis (46) of the core transmission axis (46), i.e., the seat (26) (see, e.g., claim No. 4) not only in the comparable invention 1 or 3, but also in the previous technology indicated in the evidence Nos. 3 through 5 (see, e., claim No. 4). However, in the previous technology described in the comparable invention 1 or 3, the main transmission apparatus is already publicly known in this technology (see, e.g., evidence No. 2 and No. 11), and the detailed description of the invention in the comparable invention 2 (the identification number of No. 4-432), the location of the main transmission apparatus cannot be considered to be easily described in the main transmission apparatus or 12).

(E) Next, we examine whether a party can easily draw up the elements of Claim 1 invention of this case by combining the elements of Claim 1 with Claim 1 invention 1 and Claim 2.

1) Since comparable invention 1’s 6th-time alternative invention 1’s 6th-time alternative invention 6th-time alternative invention 6th-time alternative invention 6th-time alternative invention 6th-time alternative invention 5th-time alternative invention 6th-time alternative invention 6th-time alternative invention 6th-time alternative invention 4th-time alternative invention 6th-time alternative invention 6th-time alternative invention 6th-time alternative invention 6th-time alternative invention 6th-time alternative invention 6th-time alternative invention 6th-day alternative invention 6th-time alternative invention 6th-day alternative invention 6th-time alternative invention 6th-day alternative invention 6th-day alternative invention 6th-day alternative invention 4th-day alternative invention 6th-day alternative invention 6th-day alternative invention 4th-day alternative invention 6th-day alternative invention 6th-day alternative invention 6th-day alternative invention 6th-day alternative invention 4th-day method.

(F) We examine whether the party operator can easily derive the elements of the instant Claim 1 invention by combining the aforementioned elements with the cited Invention 3 and 2.

Even if the main core apparatus of comparable invention 3 is changed to a main core apparatus by the method of visible display of comparable invention 2, that is, even if the main core apparatus of comparable invention 3 is installed by the method of seeing comparable invention 2, i.e., the main core heat and terminal heat of the main core core apparatus using the method of seeing the two dus of comparable invention 3-2 and the one dunes of food table 1, the difference between the element 4 as examined in the above sub-paragraph (c) and the difference between the comparable invention 3 is resolved, but the difference between the element 1 and the comparison invention 3 (the way of transmitting power to the core machine) remains, and the difference between the unit (the number of de facto axis) and the three (the difference between the core machine) can not be easily derived from the combination of the elements 4 and the comparable invention 3.

(5) Components 5

The components 5 correspond to the composition of “the main equipment (75) installed in the main equipment (51) to the opposite side with the main equipment (51) with the main equipment (5),” which is “the main equipment (64a, 64b) installed in the 2 axis (67).” The components 5 correspond to the structure of “the transmission equipment (66) installed between the main equipment (64a, 64b) and the transmission equipment (66) on the opposite side (66). The two response components are the same in that the main equipment is installed in the 2 axis (67) and the main equipment (83) on the opposite side. However, the composition of the comparable invention 1 is easily installed between the main equipment and the main equipment and the main equipment (51) and the main equipment and the main equipment (75) on the opposite side, while the composition of the comparable invention 1 is installed between the main equipment and the main equipment and the main equipment and the main equipment (64b.64a., the main equipment and the main components of the comparison 1664(64) in the PT2).

(6) Components 6

The components 6 are comprised of “powerd Invention 6 installed in a social siren (75) which is suitable for the main use (75) and sent with electric wheels (1) through a new social siren (52) and each electric axis (9a). At the same time, the new social equipment (52) is installed between the new equipment and the new equipment and the new equipment and the new equipment are connected to the new equipment and is connected with the new equipment to the new equipment and is connected with the new equipment and the new equipment and is connected to the new equipment and the new equipment and the new equipment and is connected to the new equipment and is connected to the new equipment and is connected to the new equipment and is connected to the new equipment and is connected to the new equipment and is connected to the new equipment and is connected to the new equipment and the new equipment and the new equipment and components of the new equipment and the new equipment and components of the new equipment and the new equipment are connected to the new equipment and the new equipment and components of the new equipment and they are connected to the new equipment and the new equipment and components of the new equipment and the new equipment and new equipment.

Therefore, the components 6 can be easily derived from the contents of comparable invention 3 started by the party operator.

(d) preparation for effects;

As examined in the above C-(4), the instant Claim(1) invention has a significant effect on preventing power loss and malfunction, etc. and to factoring in the patent-related internal structure of the transmission system of the core machine in comparison with the cited inventions in that the transmission route of the core machine is simple and one axis is reduced compared to the cited inventions.

(e) Arrangement of the results of preparation;

As seen earlier, the instant Claim 1 invention is identical to that of the comparable invention, and there is no difference between the technical field and the comparable invention 1 and the purpose. Of the composition of the instant Claim 1 invention, the elements 1 through 3 do not differ from the response composition of the comparable invention 1, and the elements 6 can easily be derived from the composition of the comparable invention 3, but the elements 4 and 5 can not be easily derived from the comparison of the comparable invention 3. However, the elements 4 and 5 cannot be deemed to have been easily derived from the comparison of the comparable invention. Thus, the instant Claim 1 invention is more complicated than the combination of the comparable inventions.

F. Sub-committee

Therefore, the instant Claim No. 1 invention is non-obviousness compared to the cited inventions, and thus, the instant trial decision, which concluded otherwise, cannot avoid revocation due to its illegality.

3. Conclusion

Therefore, the plaintiff's claim seeking the revocation of the trial decision of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

Judges' seats (Presiding Judge)