(영문) 특허법원 2008.4.25.선고 2007허11999 판결

A. Name of the invention of the instant patent invention (1) : The filing date of cable length control device (2) / The registration date/registration number: March 2, 2006 / the claim (3) No. 591896 (1) / June 14, 2006) (the claim for correction was filed on January 11, 2007)

1. Claims, 2. (Elimination)

3. A large number of vessels (12) this depth line (11) is drawn up at the end of each tight cable (10) (hereinafter referred to as the "former part"), a Tong (21a, 21b) in which the end end of the above cable (10) is inserted, and the outer side is composed of (20a, 22 b. c. c. c. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. g. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d.).

(The remainder of claims and drawings are as shown in attached Form 1, and the purport of the invention is indicated in the manner of "the invention of paragraph 1 of this case" (hereinafter referred to as "the invention of this case") (4) invention of this case.

The patented invention of this case relates to cable power control devices that can be used for buildings such as bridges or steel structures, and the previous technology (see Section 1 Do1) combines poppy (1) with poppy (2a) and the absence of support provided for in the bending (2a), and the renal (4) in which cables (3) are fixed and the cable line is fixed, and (5) and (4) of the above cables so that they do not deviate from this sub-paragraph (4) and (5) of this sub-paragraph (5) of this sub-paragraph (4).

It was included in B. However, in order to prevent the escape of cables, there is a problem that cable damages the durability of cables by melting them such as melting strings and melting inside the sclocks and meltings and undermining the stability of structures, and support strings (6) in the upper part required for the line of cables (3) with strings within (4) with a view to preventing the escape of cables, the vibration of cables (3) is increased when sudden power from the outside such as wind, thereby impairing the stability of structures, impairing the stability of structures, causing noise, etc.

Accordingly, the patented invention of this case is intended to provide cable strength control devices that can systematically combine cables inside the scamet to solve these problems.

(b) Cited inventions;

Cited Invention 1 is related to the "click seal device" published on April 22, 2005 - No. 2005 - 37543 (No. 4) of the Patent Gazette, which is published on April 2, 2005. Invention 2 is related to the current cable device used in the "blick B" bridge (Evidence No. 7) published on October 3, 2005 by Korea Co., Ltd., a publication published on May 25, 199, which is published on May 25, 199; Invention 3 is published in the "Public Guidelines for Design of Flst-S concrete Public Law" published on May 4, 2004; Invention 4 is published in the "Public Notice No. 2543, Aug. 29, 2003" and the "Public Notice No. 325, a publication published on August 3, 2003.

C. Circumstances leading up to the instant trial decision

The plaintiffs are the right holder of the patented invention of this case. On December 3, 2006, the defendants filed a request for correction to delete the claims 1, 2, etc. of the patented invention of this case on the grounds that "the patented invention of this case can be easily implemented by the cited inventions, and thus no inventive step exists." In this regard, the plaintiffs filed a request for correction to delete the claims 1, 2, etc. of the patented invention of this case on

After examining the above case as 2006Da3224, the Korean Intellectual Property Tribunal rendered the decision of this case which cited the defendants' request for a trial on October 25, 2007.

【Evidence: No dispute exists, evidence Nos. 1 through 9, evidence No. 1, and the purport of the whole pleadings】

2. Determination on the legitimacy of the instant trial decision

A. The issues of the instant case

The key issue of the instant case is whether the nonobviousness of the patented invention is denied by the cited inventions.

B. Comparing to the purpose of determining the inventive step of the Claim No. 3 invention of this case (1)

The purpose of the instant Claim 3 invention is to facilitate the fixing of cables and to improve the durability by fixing the joints of cables by using strawets and strings attached to the cables attached to the inners of the cable.

However, the purpose of the comparable invention 1 through 3 also is to easily fix the two parts of cables (or wire-lines) in the form of a diver, fluor, figure Cone, rocks, etc., and thus, the instant Claim 3 invention cannot be recognized as peculiar to its purpose.

(2) The claims of the instant Claim No. 3 of this case in comparison with a composition (a) consists of “the scope of claims of the instant Claim No. 3 of this case, which is prepared at the end end of the cable, - - the cable core control device with a characteristic consisting of the two parts,” and the former part is not written as part of “the subject of the invention” but as a structure that provides a cable core control device, and the latter part after the former part (hereinafter referred to as “the latter part”) forms each element comprising the cable core control device, and the cable is intended or used in relation to the cable core control device, and thus, the instant Claim No. 3 invention is limited to “the long power control device used in the cable,” and it cannot be deemed that both of “the cable and the telecommunications control device” are subject to both.

In the invention of a substitute product, the use of the product is specified in the claims, even though it does not affect the composition of the product subject to the invention, it is merely an explanation of the optimal use of the invention, so it cannot be viewed as the technical content of the invention, unless it affects the composition of the product.

The cable subject to the use of the cable charging devices listed in the above front section is a large number of cables (12) with a upper line (1) (11), and the composition stated in the latter part shall be able to be used for the upper line (21a, 21b) and the header (30a, 30b) equipped with the upper line (32) with all the elements such as the upper line (21a, 21b) and the header (30a, 30b) equipped with the upper line (32) so there is no front line and there is no change in the composition of the cable steering system listed in the latter part, so the contents of the preceding part cannot be viewed as technical contents of the instant paragraph (3).

(2) Prior Invention 2: (a) Prior Invention 2: (2) Prior Invention 3 is an integrated or separate device to be used; (b) no difference exists between the cable and charger to be used; (c) the object of the instant Claim 3 is limited to the cable breaker; and (d) the cable would not be included in the composition of the instant Claim 3; and (e) the cable of the former part would be included in the composition of the instant Claim 3; and (e) the cable of the instant Claim 3, which is composed of “a 2 cable breaker” and “a 2 cable breaker to be used for the purpose of manufacturing and selling the instant Claim 3; and (e) the cable of the former part would naturally claim that the implementation of the instant Claim 4 is not subject to the instant Claim 3.

However, the phrase "Cone" of the comparable inventions 3 is entirely equipped with both the center line "brecing (31)" corresponding to the "brecing "(31)", "a number of pages corresponding to the "brecing home (32)", and both response elements are inserted into the core line "(31)" or "brecing into the center line "brecing cable (32)" or "a number of pages of the outer side", and the strong line "crecing cable (22a, 225)" or "a number of pages of the outer side of the cable" and the seal or function corresponding to the "brecing cable" cannot be found to be different in terms of the shape and function of the "brecing cable to the inner side of the brecing line," so it cannot be found that there is no difference in the inner structure of the "brecing cable in accordance with the size of the section 2 and the figure 3".

In addition, the claims of the instant Claim Nos. 3 are limited to only the function that is "a 30a, 30b) to be a spacker's structure and a spacker's spacker's spackner's air surface, there is no indication as to whether the spacker's material or inside the spacker's air surface, and there is no indication as to the detailed description of the invention. Thus, it cannot be interpreted that the spacker's spackner (30a, 30b) of the spacker's spackner's spackner's spackners (30a, 30b) has the internal spacking character, and the spacker's spackner's spackner's spackner's sp

3) In addition, the Plaintiffs asserts that the “number Cone” of the comparable invention 3 is simply formed in the center, and there is no indication that the above medium line is composed of accepting the core line of the cable, and the cables of comparable invention 3 are not composed of core lines and lectures, and the shape of the medium line is the shape of the middle line, and thus, the core line cannot be deemed as a composition inserted in the middle line of the figure Cone.

D. According to the cited Invention 3 (No. 8), the “number Cone” is fixed to both the seals (PCG lines) used for the frist concrete. The publications of comparable invention 3 do not explicitly indicate the function of the mid-to-date line formed in the center of the figure C, but those with ordinary knowledge in the relevant technical field (hereinafter referred to as “ordinary technicians”) are cables comprised of core lines and steel lines, the seal materials covered by the comparable invention 3 are cut to be expropriated in the middle of the figure Cone, and the claims of the instant Claim 3 are not limited to (31) shape of the parner, and thus, it cannot be seen that the technical gap between the figure of the figure Cone and the figure of the figure C1, and thus, it cannot be seen that the technical gap between the figure Cone in the shape of the figure C and the figure C, even if the figure of the figure C1, is different from the figure C. In the case of the instant Claim 3.

(D) 3 of the component part of the three combinations (40) correspond respectively to the "fag (5)" of comparable invention 1, and the "fag (43)" to the "bag (5a) of comparable invention 1, and the "fag (43)" to the "bag (5a) of comparable invention 1, and there is no difference in the composition because the two are the same structure and function.

(E) The instant Claim 3 invention is merely a simple combination that can be combined with “number Cone” among the elements of comparable inventions 3 in comparison with the instant invention 1, and the said inventions are merely a simple recruitment or application, without the need to change a new technical idea or an essential part of other components in making the combination as above. Thus, the complexity of the combination cannot be recognized.

(3) Preparation for effects

The Claim 3 invention of this case is an effective effect to facilitate the replacement of cables caused by corrosion or damage, and enhance the safety of the structure by solid combination of cables, but it is merely a simple combination of the effects of corresponding elements of comparable invention 1 and 3, and it cannot be recognized that the rise effect has been recognized.

(4) Preparation results

The instant Claim No. 3 invention, compared to the cited inventions 1 and 3, cannot recognize the specificity, complexity and effect of composition, and thus, can easily be derived from comparable inventions 1 and 3, and the inventive step cannot be recognized.

C. The non-obviousness of the instant Claim 4 invention is a subordinate claim to the instant Claim 3 invention. Of the instant Claim 3 invention, it is characterized by one of the instant Claim 3 inventions with the “speets (20a, 20b)” and the “speets (50)” between the “speets (20a, 20b)” and the “speaks (40).” The control method (50) corresponds to the “Pipeline pipe to control the seal impression of the instant Claim 4” and the “speaker’s pipe to control the seal impression of the cables.” There is no difference in the composition in that the two response elements are installed in one of the two parts of the cables and perform the function of regulating the seal impression of the cables.

Therefore, the instant Claim No. 4 invention can constitute a simple combination of the elements of response with comparable inventions 3 and 4 in comparable inventions 1, and thus, cannot be recognized as the difficulty of combination. Ultimately, the inventive step cannot be recognized since ordinary technicians can easily derive from comparable inventions 1, 3 and 4.

D. As to the inventive step of the instant Claim No. 5 invention, the instant Claim No. 5 invention is a subordinate claim to the instant Claim No. 4, and it is more limited to the instant Claim No. 5, which is a part of the instant Claim No. 4, to the tonton (51) in which stillbirth was formed, both opposed to the center of the inside and outside of the control means (50). This is corresponding to the 'a combination comprised of 1, 2, 2 (12) (13) of pipes, which are opposed to the two side of the pipe, which is a means of regulating the seal ability of comparable Invention 4.

The structure and function of both countermeasures are the same in that the devices combined to both sides of the control means are moving to the center or moving to the opposite direction according to the revolving the control means, so there is no difference in the composition because of the same structure and function.

Therefore, the inventive step of the Claim 5 invention can easily be derived from comparable inventions 1, 3, and 4 by ordinary technicians, and thus, it cannot be recognized that the inventive step of the Claim 5 invention can not be recognized.

E. As to the inventive step of the instant Claim No. 6 invention, the instant Claim No. 6 invention is a subordinate claim to the instant Claim No. 5, with the characteristic of “Sluri (52a) of the control means (50) and separately equipped with sluri (52a) (52b) to protect stillbirth in the two parts of the control means (51).” However, the comparable invention does not constitute a corresponding element.

However, in the specification of the patented invention of this case, the above characteristics are written in relation to the above characteristics, " by covering the combined means (22b) with the means of concluding slotb (52a) (52b) (20b) (20b) (43) (40) (the above characteristics cannot be easily recognized as technical means because they are not connected to the outside, making it possible to prevent corrosion from being exposed out of the outside, such as wind, snow, and rain." (Nos. 2, 4, 12 through 13). The above characteristics are written in relation to the above characteristics, and they cannot be easily recognized as technical means because they are not connected to the non-speb (22b) (40) (the combined means of non-speb) (40) and are not connected to the non-speb (22b).

Therefore, the inventive step cannot be recognized since the person with ordinary skills can easily derive from comparable inventions 1, 3, and 4.

F. Sub-committee

Since the invention of this case cannot be recognized as inventive step by comparisond Invention 1, 3, and 4, the registration should be invalidated. As such, the trial decision of this case cited by the defendants as a result of the conclusion is lawful.

3. Conclusion

Thus, the plaintiffs' claim seeking the revocation of the trial decision of this case is dismissed as it is without merit.

Judges

Judges of the presiding judge;

Judges Kang Tae-tae

Judges Kim Tae-tae

Site of separate sheet

1. Patent invention of this case;

(a) Claims;

4. For claims 4. In paragraph 3, at least one of the two groups of the above cables (10) shall apply:

Cable power control units (50) with characteristics, consisting of these means of control for charge control (10) of tables (50)

5. For claims 5. In paragraph 4, the above adjustment means (50) shall be both sides at the center of the internal side.

A cable strength control sheet with characteristics consisting of an intern (51) in which stillbirth is formed;

6. For claims 6. In paragraph 5, a stillborn part of the above adjusted means (50) 51)

slves for heading (52a) (52b) of the cable clves for heading (52b) with separate features

(b) Drawings;

Article 1 (Original Technology)

DED

Do2 (Stop) 3 Do Governor 3 (Stop map of Cable Heading Control Devices)

Do 4 (Sado 2 Other Do Do Do 2) 5 Do 5 (Sado 2 other Do 2)

A person shall be appointed.

Do7 (Stop Map for Cables) 8 Doz. (Stopner's Stop)

Article 6 (Degradation Situation Map of Cable Telecommunication Control Devices)

A person shall be appointed.

2. Cited inventions;

(a) Cited Invention 1 (No. 4, Patent Gazette 10-2005 - 37543, April 22, 2005)

(1) Contents of the technology

Formation of a tegrative shape by the tegrative of the tegrmos, and formation of a closure or formation of a egrative body (2a) at the tegrative in the

The body(2) and the body(2) inserted into the inside of the above body(2) and multiple lines on the outside side of the body.

(4a) It is concluded between this-established prototype green dives (4) and the body (2) above to the closure or closure of the body (2a) above;

Nags (5a) formation of Nagsa (5b) formation of Nags (5b) formation of this Sub-section, the upper part of the closure (5b) establishment of this Sub-section, and the upper part, the upper part.

The body (2) inside the body, which is concluded at the Naba mar (5b) of the closure (5) and inserted into the body (5b), and the latter part shall be the back of the closure (5) above.

Haitiuss (8a) (9a) and Haitiuss (8a) (9a) (7) in the latter part of the Nashes (7) above.

Section B of the Swelves, each of which consists of a divers for diversives (8) and a rop-swelves (9)

With respect to the seals of fishing, the upper part of the section 3a (3b)(3b) above shall apply to the upper part of the body above.

(7) Sheet head (7a) shall be formed in the forepart of the Balkin and in the latter part of the Balkin (7) above, and in the latter part the galkin shall be

In the latter part of the closure (5) above, the upper part of the closure (5) shall be extended to the Central level of Nas (5b) of the closure (5b).

The protruding-type part (6) formed is formed.

(2) Main drawings

Do3 (Ch. Do 1's Compared Invention 1) 4 Do 4 (Mad-do 3's Mad-do)

A person shall be appointed.

B. Consumed Invention 2 (No. 7 No. 7, No. 5 of Korea’s cable products, publication on October 3, 2005)

(1) Contents of the technology

A group of small diskettes connected to a bridge structure is combined with a pluger and a number of strong lines.

Fitting poppy (Fitting Anchor) with a string cable attached to this depth line, is accompanied by the above strawer

The combined structure has started.

(2) Main drawings

A person shall be appointed.

C. Consumed Invention 3 (C.C. No. 8, “original technology,” and “C.C. design and construction guidelines for free-sturst concrete method,”

May 25, 1999

(1) Contents of the technology

Of “in order to fix both parts of seals (PCG lines) used for free-string concrete.”

The figure Cone (A), in which Tong-gu has been formed through the Ministry of Culture, Sports and Tourism, shall begin to be "Cone" (No. 8, 329 pages)

(2) Main drawings

3. 1. A seal settlement district;

(1) Freysinet Cone (1205, 1207 and 1208)

A person shall be appointed.

1. Freysinet Cone 12 15, 12 17 and 1208

(1205, 1207, 128)

forest 3.1.1 Mute (12.07)

(d) Cited Invention 4 (No. 9, Patent Model Gazette 20-323452, August 19, 2003)

(1) Contents of the technology

10 8 8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2

(31) conclusion shall be made on the other side of 2 e.g. e. f. e. f. c. 2 e. f. c. e. c. c. e. c. c. c.

its body (1) above is the pipe (11) of the material of the Switzerland and the pipe (11) above.