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(영문) 특허법원 2016.02.16 2015허2594
거절결정(특)
Text

1. The decision made by the Intellectual Property Tribunal on February 16, 2015 by the Intellectual Property Tribunal on the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

(a. The name of the invention claimed in this case (No. 1) 1: The title of the invention claimed in this case (Evidence 1): the materials owned for the control of contamination and pollution control apparatus / the filing date/ the filing date of a translation: September 5, 2006 // the filing date of the claim / the filing date: the claims / April 2, 2008 / the claims / the claims 10-2008-70793 (No. 25, 2013) (as amended on Nov. 25, 2013) / the claims 1 case’s holding of those materials at least one of the materials held for the control of contamination (hereinafter referred to as “Composition 1”), which includes one of the materials held on the surface of the 3rd floor and one of the materials held on the surface (hereinafter referred to as “the surface”) at least one of the materials held on the surface of the non-tender 1, 2006, and one of the materials held on the surface (hereinafter referred to “the surface”).

B. Cited Invention (Evidence A2) published on March 24, 2005, pertaining to “the materials deemed as pollution control elements and pollution control devices” published in the Japanese Patent Gazette No. 2005-74243, published on March 24, 2005, and its main contents and main drawings are as shown in [Attachment 2].

C. 1) On January 9, 2013, the examiner of the Korean Intellectual Property Office (hereinafter “Korean Intellectual Property Office”) could easily make an invention from comparable inventions by a person with ordinary knowledge in the technical field to which the invention pertains (hereinafter “ordinary technician”) prior to the filing of the instant patent application to the Plaintiff on January 9, 2013.

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