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(영문) 특허법원 2018.07.20 2017나2356
특허권침해금지 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Plaintiff 1: The name of Plaintiff 2: (a) the filing date / filing date / registration date / registration number : July 28, 1997 and May 29, 1998; (b) the Defendant filed a petition against the Plaintiff for a trial on August 31, 2015, alleging that the patent invention is new and non-obviousness by the preceding invention under the patent invention is denied (No. 2015Da4412). The Plaintiff filed a petition for a trial to invalidate the patent application on August 22, 2016; and (c) the Patent Tribunal rejected the Plaintiff’s request for a trial to invalidate the patent application on July 28, 1997; and (d) the Plaintiff filed a request for a trial to invalidate the patent application on July 28, 2007; and (c) the remainder of the amendment is revoked by the Plaintiff’s request for a trial to invalidate the patent application on August 18, 2017.

On February 17, 2017, the Plaintiff filed a lawsuit with the Patent Court seeking the revocation of the above trial decision.

(C) On January 31, 2018, the Plaintiff filed a petition for correction trial with respect to the patented invention (No. 2018No. 170). The Plaintiff submitted the correction statement, etc. in the said trial proceeding on May 14, 2018. 5) Claim A prior to the petition for correction trial, prior to the filing of the petition for correction trial, the claim 1 【 Claim Claim 1’s compound that can be referred to as “continuous content 1’s compound (hereinafter “continuent content 1”).

(ii)one or more species of traw content, including a compound with three or more carbon sources which form alkylaluminiums and Akylaluminiums, an Aluminites with three or more carbon sources, an Aluminites with not less than three carbon sources, an Aluminites not less than sulfur content, and their mixtures, selected from such compounds, and a compound of not less than one kind of traw content, including a nitrogen content (hereinafter referred to as “entents 2”).

) Chemical co-productions made by way of mechanical studios (hereinafter referred to as “paragraph 1 invention,” and the remainder of claims shall be described in the same manner). 【Claims 22, paragraphs 1 through 22.

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