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(영문) 특허법원 2017.01.13 2016허2553
등록무효(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 December 23, 2015, the Plaintiff asserted 1 of the instant patent invention (hereinafter “instant patent invention claim 1”) against the Defendant before the Intellectual Property Tribunal.

(2) On February 19, 2016, the Defendant filed a petition for a trial for invalidation of registration (2015Da5699) on the grounds that the nonobviousness of the patent invention is denied by prior inventions (hereinafter “instant correction petition”). On February 19, 2016, the Defendant filed a petition for correction of the instant patent invention (hereinafter “instant correction petition”) with respect to the procedure for a trial for invalidation of registration (hereinafter “instant correction petition”).

3) On March 21, 2016, the Korean Intellectual Property Trial and Appeal Board rendered the instant trial decision that recognized the correction and dismissed the claim for the registration invalidation trial on the ground that “the instant request for correction is lawful, and the instant request for correction is made by a person with ordinary knowledge in the technical field to which the invention pertains (hereinafter “ordinary engineer”) No. 1 and No. 2 prior invention No. 4, and prior invention No. 2, No. 5, the prior invention No. 2, because it cannot be easily claimed by the foregoing. b. The title of the instant patent invention No. 2, the date of application for registration/registration/registration number: 2: the date of application for the straw-off for the seal dismantling device: the number of seals removed on August 21, 2002, and it is impossible for Defendant 4 to remove the seals of the outer straws or to remove the seals of the outer straws of the outer straws of the outer straws to be removed from the outer straws of construction.

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