logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 특허법원 2017.07.07 2017허1830
거절결정(특)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 26, 2014, the examiner of the Korean Intellectual Property Office notified the Plaintiff of the submission of his/her opinion on the ground that “The prior claim for the invention of this case was easily made by a person with ordinary knowledge in the technical field to which the invention pertains (hereinafter referred to as “ordinary engineer”) by prior invention 1 through 4.” The Plaintiff submitted his/her written opinion and written amendment on January 26, 2015, but the examiner of the Korean Intellectual Property Office still rejected the nonobviousness of the patent application invention of this case on the ground that the nonobviousness of the patent application of this case was denied.”

3) On June 5, 2015, the Plaintiff submitted a written opinion and amendment, and filed a request for reexamination. On July 1, 2015, the examiner of the Korean Intellectual Property Office notified the examiner of the last argument on the ground that the nonobviousness thereof is denied. The Plaintiff again submitted a written opinion and amendment on September 1, 2015. However, the examiner of the Korean Intellectual Property Office maintained the decision of refusal on the ground that the nonobviousness thereof is denied even by reexamination on January 12, 2016 (hereinafter referred to as “instant request for adjudication”). On February 3, 2016, the Korean Intellectual Property Tribunal deliberated on the Plaintiff’s request for adjudication of this case with the number of KRW 2016 and KRW 6777, and on February 9, 2017, the Patent Tribunal rejected the Plaintiff’s request for adjudication on the ground that “the claim 1 of this case is easily denied by the Plaintiff’s ordinary skill in addition to the means of prior invention 1 and common knowledge or the prior invention 1’s commercial skill.”

B. The Plaintiff’s title of the invention claimed in the instant patent application (Evidence 2) 1: The filing date/application number 2) of the patent application cover: The summary of the invention on August 13, 2014 / 10-2014-10481 3) is resolved and the drainage of the transformation cover itself at the time of the occurrence of the phenomenon of the change, both both pressure and negative pressure inside the changeer.

arrow