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(영문) 특허법원 2016.09.30 2016허243
거절결정(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. (1) On January 8, 2014, the examiner of the Korean Intellectual Property Office (hereinafter “Korean Intellectual Property Office”) held that the invention claimed in the instant case is a person with ordinary knowledge in the technical field (hereinafter “ordinary technician”).

(2) The Plaintiff submitted a written opinion and amendment on July 8, 2014, on the ground that the grounds that the grounds for rejection as seen earlier did not have been resolved, despite the Plaintiff’s opinion and amendment, the examiner of the Korean Intellectual Property Office rendered a decision of refusal on November 24, 2014.

After that, on December 26, 2014, the Plaintiff filed a request for reexamination, and submitted an amendment to correct claims 1 of the instant invention, but the examiner made a final decision of refusal on January 22, 2015 on the ground that the nonobviousness of the invention is still denied.

(B) On February 23, 2015, the Plaintiff filed an appeal against the instant patent application No. 1 (2015 won 907) with the Intellectual Property Tribunal on February 23, 2015 (No. 2015 won 907). On December 11, 2015, the Intellectual Property Tribunal dismissed the Plaintiff’s appeal on the ground that the nonobviousness of the instant patent application No. 1 is denied by combining prior inventions and widely known art. B. The title of the instant patent application No. 1 (Evidence No. 1) invention (the filing date of the patent application No. 2): Application No. 10-2012-071085 (No. 24, 2012) (No. 14: No. 254, Jun. 29, 2012) with the information on an external image model (No. 2014: No. 215, Feb. 14, 2012).

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