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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On September 21, 2017, the Defendant filed a petition for a trial to invalidate the claim 13 of the instant patent invention with the Intellectual Property Trial and Appeal Board against the Plaintiff on the grounds that “The nonobviousness of the claim 13 of the instant patent invention is denied since a person with ordinary knowledge in the technical field (hereinafter “ordinary technician”) can easily make an invention from the Prior Invention 1 and 2.” (2) The Intellectual Property Trial and Appeal Board rendered a trial to invalidate the claim 13 of the instant patent invention on January 22, 2018 on the ground that “The claim 13 of the instant patent invention can be easily made by a person with ordinary skill from the Prior Invention 1, and thus its nonobviousness is denied.”
3) On March 13, 2018, the Plaintiff filed the instant lawsuit seeking the revocation of the instant trial ruling with the instant court. On March 14, 2018, the Intellectual Property Trial and Appeal Board filed a petition for correction trial with the Intellectual Property Trial and Appeal Board (2018No34, Mar. 14, 2018) to correct the instant patent invention as stated below (B.4). On June 25, 2018, the Intellectual Property Trial and Appeal Board rendered a trial ruling accepting the Plaintiff’s petition for correction trial, and the said trial ruling became final and conclusive on June 26, 2018.
B. The name of the invention of this case (Evidence 2) 1: C2) filing date/registration date/registration date: D/Sgd./ The patentee of this case: (a) combines with the end group of the Plaintiff’s claim 13 / 23 / 201; (b) the diameter is larger than the diameter of the string; and (c) at least one hole through which the string can pass through the string; (b) the string support body of the string, as the string support body of the string or each horns-type of the horns with the above well-known body of the string, leading to both parts of the end group of the string, and the entire parts of the string group of the 201 / F3 : The 201 / 201 / 201 / 201 / 201 / 2002 / 2002 / 2002 / 2000.