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1. The decision made by the Intellectual Property Tribunal on December 6, 2013 on the case No. 2012DaDa2848 shall be revoked.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
(a) The title of the invention of this case (Evidence 2) 1: The date of application (the date of priority on the date of priority on the design) in which heat preserving preserving preserving funds are equipped / the registration date / registration number: May 9, 2008 ( May 10, 2007) / the patentee on December 29, 2011 (No. 1103188) : Defendant 4) and the major drawings: attached Table 1.
B. Cited inventions 1, 2, and 3 constitute “a device” as a utility model. However, as the comparison with the instant patent invention is in a relationship with the instant patent invention, the cited inventions 1, 2, and 3 will be called “invention.”
1) 비교대상발명 1 (갑 제14호증) 비교대상발명 1은 2006. 12. 11. 공고된 대한민국 등록실용신안공보 제433606호에 게재된 ‘튜브형 화장품 용기의 노즐팁’에 관한 것으로서, 주요 내용 및 도면은 별지 2 제1항과 같다. 2) 비교대상발명 2 (갑 제15호증) 비교대상발명 2는 1998. 10. 15. 공개된 대한민국 공개실용신안공보 실1998-56332호에 게재된 ‘이온 펄스기’에 관한 것으로서, 주요 내용 및 도면은 별지 2 제2항과 같다.
3) Cited Invention 3 (A No. 13), the cited invention 3 (A), published on May 3, 2005, refers to the “shacker for cosmetics” published in the Korean Utility Model Gazette No. 38301, published on May 3, 2005. (c) On November 2, 2012, 2012, the Plaintiff filed a petition for invalidation trial against the Defendant, the patentee, stating that “the instant patented invention has grounds for lack of description, is an invention which is impossible to realize it without possibility of industrial applicability, and should be invalidated by denial of newness and non-obviousness by the cited inventions” (2012Da2848).
2) On April 22, 2013, when the above trial procedure was in progress, the Defendant filed a request for correction to correct the detailed description of the instant patent invention. 3) The Intellectual Property Trial and Appeal Board was lawful as it constituted a case where “the correction pursuant to the instant request for correction was made on December 6, 2013,” where “the correction pursuant to the instant request for correction was made clear.”