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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
Reasons
1. Basic facts
A. On April 11, 2016, the Plaintiff filed a petition for correction trial with the Intellectual Property Tribunal for correction trial to correct the Plaintiff’s claim 1 of the invention under Article 916762 of the Patent Act (hereinafter “instant correction invention”). The Plaintiff’s claim 1 is “the instant correction invention” and the claim 1 is “the instant correction invention”.
(2) After examining the aforementioned petition for correction trial with 2016No. 40, Jun. 30, 2016, the Intellectual Property Trial and Appeal Board held that the instant petition for correction trial falls under the case where the claims are reduced, and it cannot be deemed that the correction invention is corrected within the scope of the matters indicated in the specification of the patented invention, and the claims are substantially expanded or modified. Thus, the correction requirement under Article 136(1) through (3) of the former Patent Act (amended by Act No. 9249, Dec. 26, 2008; hereinafter “former Patent Act”) satisfies the correction requirement under Article 136(1) through (3) of the former Patent Act, but a person with ordinary knowledge in the field of the art (hereinafter “ordinary technician”) is identical to the prior invention (Evidence No. 7) below.
Since non-obviousness is denied as an invention could easily be made, the decision of this case was rendered to dismiss the plaintiff's petition for correction trial on the ground that it does not meet the requirements of Article 136 (4) of the former Patent Act.
B. The name of the invention of this case (Evidence A 1 through 3, A 5) 1: The filing date of semiconductor DNA testing system 2) / the registration date/registration number: the main contents of the invention of this case (Plaintiff A 4) / the main contents of the invention of this case
2. Previous semiconductor testing devices A) Former technological problems and the previous technical task are DUT, a semiconductor DNA, which generates a test pattern signal, which is determined for semiconductor testing, like the right-hand Do 2, as well as ALG (ALgorithm Gator, 21), and ALPG (21).