1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 21, 2017, the Defendant filed a motion with the Intellectual Property Tribunal for a trial to confirm the scope of rights of the instant patent invention on the ground that “the invention subject to confirmation constitutes an invention subject to confirmation, because it constitutes an invention subject to free execution technology that can easily be claimed by a person with ordinary knowledge in this technology (hereinafter “ordinary technician”) from prior invention 1 or prior invention 2.” On January 22, 2018, the Intellectual Property Tribunal referred to as “the invention subject to confirmation falls under the scope of rights under paragraph (13) of the instant patent invention.” On the ground that “the invention subject to confirmation constitutes an invention subject to free execution technology that can be easily claimed by a person with ordinary skill from prior invention 1, and does not fall under the scope of rights under paragraph (13) of the instant patent invention.”

3) Meanwhile, on March 13, 2018, the Plaintiff filed the instant lawsuit seeking the revocation of the instant trial decision with the instant court. On March 14, 2018, the Plaintiff filed a petition for correction trial with the Intellectual Property Trial and Appeal Board (2018No34, Mar. 14, 2018) to correct the contents identical with the instant patent invention Claim No. 13 (b)(4) (hereinafter “instant petition for correction trial”).

(2) On June 25, 2018, the Korean Intellectual Property Tribunal rendered a trial ruling accepting the instant petition for correction, and the said trial ruling became final and conclusive on June 26, 2018. (b) The title of the instant patent invention (Evidence A2) invention: C2); the filing date/priority date/registration date/registration date/registration number: March 7, 201: Plaintiff 4) 【Claim 13” claims, “Claim 13” claims, which is incorporated into the end group of salary class joints, and the diameter is larger than that of salary class joints, and one or more holess through which joints pass are used to ensure that the end group of salary class joints do not leave their body with the skin or organization, and the aforementioned trial ruling has characteristics of being equipped with the joints of salary class joints that make it possible for joints to have the horns support body of a person who supported the instant patent invention with a well horns of rhinoceros or with both shapes of horses as a shape of the horse.