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(영문) 특허법원 2017.11.24 2017허5993
등록정정(특)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 18, 2015, the Defendant filed a petition with the Intellectual Property Tribunal for a trial to the effect that “the Plaintiff’s patent invention described in B(b) (hereinafter “instant patent invention”) can easily be made by an ordinary technician in the technical field to which the invention pertains, and thus its registration should be invalidated because its nonobviousness is denied.” On December 13, 2016, the Intellectual Property Tribunal rendered a trial ruling accepting the said petition on the ground that “the nonobviousness of the claim 1, 7, and 8 prior to the correction of the instant patent invention is denied, and its registration must be invalidated.” (2) On March 20, 2017, the Plaintiff filed a petition for a trial to correct the patent invention in accordance with the attached Form No. 2017No20 with the Intellectual Property Tribunal’s claim 1, 7, and 8 prior to the correction of the instant patent invention (hereinafter “instant petition for correction”).

3) On June 27, 2017, the Korean Intellectual Property Tribunal rendered a trial ruling dismissing the instant petition for trial for correction on the ground that “the instant petition for trial for correction meets the provisions of Article 136(1) through (3) of the Patent Act, but the corrected claims 1 and 8 (hereinafter “the invention described in each claim”) can easily be made by an ordinary technician in the technical field to which the invention pertains, and each of its non-obviousness is denied. Thus, each of the instant petition for trial for correction is in violation of Article 136(4) of the Patent Act.”

B. B. The title of the invention of this case (No. 3) 1: B2) filing date/registration date/registration number: C/D/patent E 3 / [Do2] H / H / H 3 generally indicating the condition in which the coinc column is combined on the home of the coinc column, and the stoves and stoves that are fixed to the ear of the gate in order to ensure that the inner stoves generally indicate the condition in which the coinc column is combined, and that the stoves and stoves that are fastened to the ear at the time of wearing the siren at the inside of the gate.

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