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(영문) 특허법원 2019.02.22 2018허1509
등록무효(특)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 20, 2017, the Plaintiffs filed a patent invalidation trial against the Defendants, who are patent holders of the instant patent invention, as indicated in paragraph (b) below, as to the Claim 1, 6, 7, and 8 of the instant patent invention by the Intellectual Property Tribunal No. 2017Da2999, and in that trial proceeding, “each of the above claims is new by comparison 1 or 5, and the cited Invention 1 or 5 Cited Invention 1 is denied by comparison 1 or 5, which is disclosed on December 29, 2004, the Patent Gazette No. 157288 of the Chinese Patent Publication No. 2006/0384 of the U.S. Patent Publication No. 20384, Oct. 19, 206; the Patent Tribunal No. 509-1384, Apr. 2, 194; and the Patent Tribunal No. 2, 2006.

B. The title of the instant patent invention (Evidence A 3): The filing date/Priority Claim date/registration date/registration number: G/L: October 19, 2009: The Defendants’ claims 1 are effective in preventing and treating indoor salt, and salt is heated from the heating temperature of 200 to 2000C for 2 hours to 7 days, and the specification of the instant patent invention states “heat” as “heat” in the specification of the instant patent invention. However, since “heat” is the correct mark under the Dllative Law, this judgment is written as “heat”.

The melted melting salt, refining salt, and smelting salt are made in the same way as active ingredients, and the remainder of the claims are made in the same way. The mixed products mixed with the weight ratio of 1:30 to 1 are contained as active ingredients.

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