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(영문) 특허법원 2014.12.18 2014허5923
등록무효(특)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Name of the instant patent invention 1: D2) filing date/registration date/registration number: E/F/ C3: the Plaintiffs 4) claims and drawings: (Attachment 1).

The claim 1 of the patented invention of this case is referred to as the "claim 1 invention of this case", and the remaining claims are also described in the same manner.

B. Invention 1) Invention 1 (Evidence 4 A)/Public Notice Publication: The name of May 31, 1985 / Korean Registered Invention No. 85-780 (b) of the Korean Patent Gazette: The method of piling up and the main drawing of the device thereof (attached Form 2).

2) Cited Invention 2 falls under a device registered as a utility model, but is in a corresponding relationship with the instant patent invention, and thus becomes convenient inventions. (No. 1) Publication/Public Notice Publication: January 20, 1992 / Publication Publication: Name of 1992-651(b) of the Korean Utility Model Gazette: Main drawing of Shotra’s Shotra for an automatic loading device (Two Whoer C): 2.

3) Cited Invention 3 (No. 2 (A) / Publication Publication: September 1, 1990 / The Korean Patent Gazette peculiar No. 1990-12824(b): The device and method for the automatic transport of the bricks.

C. On February 11, 2014, the Defendant filed a claim for a trial for invalidation of registration (2014DaDa375) on the ground that “The nonobviousness of the instant Claim Nos. 1, 2, 4, and 5 with the Intellectual Property Tribunal against the Plaintiffs, a patentee, is denied by the cited Invention No. 1, 2, and 3 (hereinafter “ordinary engineer”) on the grounds that “the nonobviousness of the instant Claim No. 1, 2, and 5 is easily recognizable by a person with ordinary knowledge in the technical field to which the invention pertains,” and that “the nonobviousness of the instant Claim No. 1, 4, and 5 are denied by the Cited Invention 1, 2, and 3.” The Intellectual Property Tribunal on July 23, 2014.

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