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(영문) 특허법원 2015.01.16 2014허4920
거절결정(특)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. In full view of the overall purport of the arguments in the evidence Nos. 1-1, 2, 3, 4, 5, and 1, 2, and 4, the following facts are recognized.

A. On February 23, 2010, YX COMP. (hereinafter “transferr company”) filed an invention with the name “Mulolor Mocing Mocing Mocing Mocing Mocing Mocing Mocing Mocs” using the reputation with which the application is filed in accordance with the name of 10-2010-703967, and entered into a contract on May 5, 2010, under which the instant application and the divisional application are transferred the right to obtain a patent.

On November 16, 2010, the transferee company changed the name of the legal entity to Appatronic Lt.

B. On August 20, 2012, the transferor company filed the instant divisional application under Article 10-2010-7003967 of the said application number as the original application, and the examiner of the Korean Intellectual Property Office notified on December 6, 2012 that “The instant divisional application may easily be made by a person with ordinary knowledge in the technical field to which the invention pertains, and thus violates Article 29(2) of the Patent Act.”

Accordingly, the transferor company submitted an amendment, including the specification, on February 4, 2013, but the KIPO examiner issued a decision of rejection on May 13, 2013 on the ground that “the amended divisional application failed to resolve the grounds for rejection as stated in the notice of submission of the opinion by December 6, 2012.”

C. On July 31, 2013, the transferor company filed a petition for trial (2013 Won5717) dissatisfied with the foregoing decision of rejection and submitted an amendment, such as a specification, etc. In response, the Intellectual Property Trial and Appeal Board may not obtain a patent pursuant to Article 29(2) of the Patent Act for the claim 1 of the final divisional application as amended on June 11, 2014, and if there exists a ground for rejection in the patent application, any of the claims is rejected.

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