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1. The decision made by the Intellectual Property Tribunal on September 23, 2015 by the Intellectual Property Tribunal on the case shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. On June 9, 2015, the Plaintiff asserted that “The nonobviousness of the instant patent invention 1 (hereinafter “instant Claim 1”) is denied since the prior invention 1 (Korean Patent Gazette No. 1998-68761) was publicly known or publicly implemented within or outside the Republic of Korea prior to the filing of the patent application for the instant patent invention, and the prior invention 1 can easily be made by a person with ordinary knowledge in the art to which the instant invention pertains (hereinafter “ordinary technician”), and the Intellectual Property Trial and Appeal Board filed a claim against the Defendant on September 23, 2015 for a trial for invalidation of registration (2015Da3497).” On September 23, 2015, the Intellectual Property Trial and Appeal Board rejected the instant claim for a trial for invalidation of registration without having to deny its nonobviousness from the prior invention 1. As the instant patent invention cannot be seen as a publicly known or publicly announced invention in the Republic of Korea or abroad prior to the filing of the patent application for the instant patent invention by the prior invention 1.”
B. The title of the patented invention of this case (Evidence 3) 1: C2) filing date/registration date/registration number: D/E/F3: Defendant 4) summary of the patented invention of this case pertains to screen recycling methods arising from the process of manufacturing printed circuit board (PCB: PC: hereinafter referred to as “PCB press board”) used for various electronic products.
(Identification Number(001). The PCB base has a serious adverse impact on the environment by various heavy metals included in the process of using and treating them after use.
(Identification Number (002). The PCB does not have any available recycling method such as collecting or recycling at present by leaving as it is at the time of the collection and recycling of the products, or collecting as auxiliary plates and parts together, and disposing of them.