Cheongnam Co., Ltd. (Bae, Kim & Lee LLC et al., Counsel for the defendant-appellant)

CheongambP Co., Ltd and one other (Law Firm Manex et al., Counsel for the defendant-appellant)

July 19, 2016

1. The plaintiff's claims against the defendants are all dismissed.

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

The decision made by the Intellectual Property Tribunal on November 30, 2015 by the Korean Intellectual Property Tribunal on the case shall be revoked.

1. Basic facts

A. The plaintiff's patented invention of this case

(a) Invention name: The method of constructing a bathing room to install a drainage pipe system on the upper floor and its detailed bathing room;

(2) Date of application/registration date/registration number: October 22, 2007 / September 3, 2010 (patent registration number omitted)

(3) Summary of the invention

A) Technical field: The method of constructing a bathing room to install a drainage pipe system on the upper floor in a multi-household building, such as apartment building, and the method of constructing such a bath room (short number / 001).

A person shall be appointed.

B) Former technological problems: The water pipe system of the Sejong Bridge was established with a height same as that of the basic concrete floor of the lower floor by connecting the basic concrete floor with the pipe duct entrance formed between the next generation through the Sejong Bridge. In order to overcome this problem, the water pipe system of the Sejong Bridge was introduced with a drainage pipe system on the upper floor installed on the basic concrete floor. However, in the past, the water pipe system of the upper floor was established with a 0th floor in a living room or room (hereinafter referred to as “living room, etc.”) so as to reduce noise between the entire floor of the bathing room and the second floor in the lower floor, and it was difficult to ensure that sewage treatment facilities were installed with a thickness from the outside of the sewage tank [the water tank], as well as sewage treatment facilities installed on the upper floor in a 0th floor in a 2nd floor in a 2nd floor, etc., and thus, it was difficult to ensure that sewage treatment facilities were installed with a thickness between sewage and sewage (hereinafter “water treatment facilities”).

(C) A task and purpose to be solved: ① The purpose of this is to secure sufficient space for which a water pipe system is installed on the floor and to prevent sewage pipes, etc. from being damaged to external shocks by installing drainage pipes installed on the floor through a slve method that forms the whole or part of the floor of a bathing room at a level lower than the basic concrete floor of a living room, etc.; ② to prevent sewage pipes, etc. from being damaged to external shocks, etc. by installing drainage pipes installed on the basic concrete floor installed through a multi-slve method; ② to effectively discharging rainwater, etc. to the upper part of the basic concrete floor of a bathing room among the construction works of the bathing room; and after completing the construction works of the bathing room, to ensure that sewage or sewage water can be discharged from the floor through a slve method and without discharging water from the floor at a level during the use of the residents [13/16/160] [2]

(d) A task solution means: In the case of the construction of a three-story multi-story housing with the same structure, this invention forms a low level of the height of the three-story house at the location where the three-story room is to be constructed for the construction of the floor of a single story, and forms a lower level than the height of the three-story house at the location where the three-story room is to be constructed, and the steel bars are installed at the above part of a low level, with the same thickness installed with concrete installed with the same thickness so that the height of the floor is lower than the existing height of the three-story basic concrete floor at the low level, the invention provides a three-story room and its construction method for the installation of the three-story multi-story pipeline system. In addition, the characteristics of the three-story system are to provide 0-story multi-story basic sewage discharge systems to the 1st floor of the three-story room [10-story basic sewage discharge system] to install the three-story multi-story system installed by the above part of the sludge method.

(4) Claims

A person shall be appointed.

[1] In the process of executing a multi-story multi-story 1, the height of the floor at which the bathing room is to be constructed shall be at a level lower than the height of the floor at which the rooms or rooms will be installed; the steel-frames shall be installed at a low level with the same thickness and shall be in line with the sloveve method (hereinafter referred to as “bases 1”) of which the height of the floor is lower than the upper floor of the 2nd floor of the 5nd floor (the upper floor of the 4nd floor of the 5th floor of the 5th floor of the 5th floor of the 5th floor; the upper floor of the 2nd floor of the 2nd floor of the 5th floor of the 5th floor of the 5th floor of the 5th floor of the 5th floor of the above 4th floor of the sewage room shall be linked to the 2nd floor of the 2nd floor of the 5th floor of the 2nd floor of the 2nd floor of the 2nd floor of the pipes.

【The claim 4】 The level of the height of the three-story floor to be constructed at the site for the purpose of constructing the floor of a single story shall be lower than the height of the garment house at the site for the installation of a residential room or room; the steel bars shall be installed at the low height of the floor by removing concrete with the same thickness, and the multi-story floor for the installation of drainage pipes from the upper floor for the purpose of installing the drainage pipes to the upper floor of the upper floor for the purpose of installing the drainage pipes to be installed at the surface of the water tank (the upper floor for the purpose of installing the drainage pipes to the upper floor for the purpose of installing the drainage pipes to be installed at the site for the said three-story room, the water-flow pipes shall be installed at the bottom for the purpose of discharging sewage or sewage from the lower level to the basic concrete floor for the above garmenting room (210) and the water-flow pipes shall be installed at the upper floor for the purpose of discharging sewage or sewage from the upper floor for the purpose of discharging sewage discharged from the upper floor (the upper floor).

【Request 2, 3, and 5】

(b) An invention subject to verification;

The defendants (hereinafter referred to as "the defendants") are related to "the methods of constructing toilets for multi-household buildings and toilets," which are executed by the defendants (hereinafter referred to as "the defendants"), and the descriptions and drawings thereof are as stated in the attached Form.

C. Details of the instant trial decision

(1) On May 28, 2015, the Defendant filed a claim against the Plaintiff with the Intellectual Property Tribunal to confirm that “the invention subject to confirmation shall not fall under the scope of the right of the Claim 1 and 4 of the instant patent invention (hereinafter referred to as “ Claim 1 invention,” and the remainder of the claims also fall under the same method)” (No. 2015Da3329).

(2) On November 30, 2015, the Korean Intellectual Property Tribunal rendered the instant trial ruling citing the Defendant’s request on the ground that “The invention subject to confirmation is properly specified, the Defendant is executing it, and it does not fall under the scope of the right to the instant Claim 1 and Claim 4.”

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2 (including additional number), Eul evidence 1 to 4, and the purport of the whole pleadings

2. Whether the trial decision of this case is unlawful

A. Summary of the plaintiff's assertion 4)

The challenged invention contains both the elements of the instant Claim Nos. 1 and 4 as the same or equal relationship, and thus falls under the scope of the right. Thus, the instant trial decision otherwise determined shall be revoked in an unlawful manner.

B. Whether the invention in question falls under the scope of the right to the invention under Paragraph 1 (5) of this case

(1) Relevant legal principles

In order for a challenged invention to be deemed to fall under the scope of the right of the patented invention, the organic combination relationship between each element and its component indicated in the claims of the patented invention must be included in the invention subject to confirmation. Meanwhile, even where the elements indicated in the claims of the patented invention are changed from the invention subject to confirmation to other components, if the two inventions are identical with the task solution principle, substantial identical effects are shown, and if such change is an ordinary engineer, any person can easily think of it, barring special circumstances, such as where the challenged invention falls under the technology publicly known at the time of application for patent invention, and where the challenged element of the challenged invention is clearly excluded from the claims, the organization of responding to the two inventions shall be deemed to be equal. In order to determine whether “the task solution principle is identical in both inventions,” a part of the elements indicated in the claims of the patented invention should not be extracted formally, but should be determined by considering the description, process, prior art at the time of application, etc. 201 after the determination of the core element in the patented invention (see, e.g., Supreme Court Decision 214).

(2) Response relationship by component element

본문내 포함된 표 구성요소 이 사건 제1항 발명 확인대상발명 1 다층 다가구 주택의 세면욕조실 시공 방법에 있어서, 일개 층의 바닥을 시공하기 위해 거푸집을 형성할 때 세면욕조실이 시공될 위치의 거푸집의 층고수준을 거실이나 방이 시공될 위치의 거푸집의 층고수준보다 낮게 형성하고; 상기 단차진 거푸집에 철근 골조를 설치하고 동일한 두께로 콘크리트를 타설하여 층고수준의 높이가 낮아진 세면욕조실 기초 콘크리트 바닥을 형성하도록 한 다운 슬라브 공법에 따른 것으로서 - 명칭 : 다세대 건물용 화장실의 시공방법 및 화장실 - 화장실(10) 바닥을 이루는 기초콘크리트 층(2)은 층상 배관을 위해 동일 층의 층고보다 더 낮게 슬라브 다운된 형태(H)로 이루어짐 2 상기 다운 슬라브 공법을 적용하기 위해 거푸집 상부에 설치된 철근 골조에 L자형 접속관(210)과, 상기 L자형 접속관에 연결되며 파이프 덕트의 입상관에 연결하기 위해 일단이 철근 구조물 밖으로 돌출된 바닥 하수관(220)을 체결하여 기초 콘크리트 바닥의 하수를 배출하기 위한 바닥 배수관 장치(200)를 설치하는 단계 - 화장실 시공방법은 도 3과 같이, 슬라브 다운되어 시공된 기초콘크리트 층(2)이 형성된 화장실(10) 바닥의 상부에 배수배관장치(100)를 설치 - 배수배관장치(100)는 배수연결배관(110), 천공 연결관(120), 천공 연장관(130) 및 밀봉관(140)을 포함하여 구성되며, 바닥 구조물(1)을 이루는 기포콘크리트 층(3) 내에 함유된 수분을 외부로 배출할 수 있도록 함 3 콘크리트를 타설하여 세면욕조실 기초 콘크리트 바닥을 형성하는 단계 - 배수배관장치(100)가 설치된 기초콘크리트 층(2)의 방수층(6)의 상부에 기포 콘크리트를 타설하여 천공 연장관(130)에 대응되는 높이로 기포콘크리트 층(3)을 형성 4 세면욕조실 기초 콘크리트 바닥에 방수처리를 실시하는 단계 - 기초콘크리트 층(2) 위에 적층 형성되는 방수층(6) 5 상기 바닥 배수관 장치(200)의 L자형 접속관(210) 상면에, 다수개의 작은 구멍이 천공되어 바닥 마감재(130)가 유입되지 않고, 기초 콘크리트 바닥 상부에 고이는 빗물이나 오수, 또는 기초 콘크리트 바닥 상부의 마감재에 스며든 하수나 배수관 또는 오수관으로부터 발생된 누수만이 배출될 수 있는 취수구(240)를 설치하는 단계 - 천공 연결관(120)은 ---, 기초콘크리트 층(2) 상에 적층 형성되는 기포콘크리트 층(3) 내에 함유된 수분을 배출시킬 수 있도록 다수의 제1 배수 통공(121)이 관통 형성 - 천공 연장관(130)은 ---, 기포콘크리트 층(3) 내에 함유된 수분을 배출시킬 수 있도록 다수의 제2 배수 통공(131)이 관통 형성 - 밀봉관(140)은 천공 연결관(120) 및 천공 연장관(130) 내부에 삽입되어 천공 연결관(120)에 형성된 제1 배수 통공(121)과 천공 연장관(130)에 형성된 제2 배수 통공(131)을 막는 삽입관부(141)와, 삽입관부(141) 상측 단부에서 걸림턱부를 이루며 일체로 형성되어 천공 연장관(130)의 상측 개방 단부를 막아서 폐쇄하는 덮개부(142)로 이루어짐 6 세면욕조실 기초 콘크리트 바닥 상부에 양변기의 오수관(90)과, 세면기 및 욕조의 배수관 및 세면욕조실 바닥의 하수를 집수하는 배수관 장치와 하수관을 설치하고, 바닥 마감재(130)를 채워 넣고 마감재 상면에 타일을 부착하는 단계 - 양변기의 오수관, 세면기 및 욕조의 배수관, 화장실 바닥의 하수를 집수하는 배수관장치 및 하수관도 함께 설치 - 배수배관장치(100)가 설치된 기초콘크리트 층(2)의 방수층(6)의 상부에 기포 콘크리트를 타설하여 천공 연장관(130)에 대응되는 높이로 기포콘크리트 층(3)을 형성 - 기포콘크리트 층(3)의 상부에 무근 콘크리트를 타설하여 무근콘크리트 층(4)을 형성 - 무근콘크리트 층(4) 위에 마감 처리되는 타일 층(5)

A person shall be appointed.

(3) Parts 1, 4, and 6

(A) The component 1 of the instant Claim No. 1 and the response composition of the instant Claim No. 1 are the same in that the instant Claim No. 1 is a slve method that allows the formation of the basic concrete floor for the three-dimensional bathing room ( toilet)-based concrete floor with lower height than the height level of the floor in the living room, etc. when constructing the floor of the multi-story housing (multi-household 6).

The elements of the instant Claim 1 invention include an additional statement to the effect that “the building of steel bars is installed at the single studs house and the building of a single-story basic concrete floor by building concrete with the same thickness.” However, this is merely a general construction method of multi-household multi-households (multi-households) of steel reinforced concrete structure.

Therefore, the first component of the instant Claim No. 1 and the corresponding composition of the instant Claim No. 1 are the same substantially.

(B) The elements of the instant Claim No. 1 and the response composition of the instant Claim No. 1 are the same in that waterproof treatment (e.g., waterproof floors) is conducted on the basic concrete floor of a bathing room ( toilet).

(C) The elements of the instant Claim 1 invention 6 and the response composition of the challenged invention are the same in that the wastewater pipe of a urinal body, the water pipe and the water pipe for collecting sewage from the floor of a bathing room, the water pipe of a bathing room, and the water pipe for collecting sewage from the floor of a bathing room are installed on the upper part of the basic concrete floor of a bathing room (the toilet), and the sewage pipe are installed, and the sewage pipe is installed by putting the floor finishing materials (the known concrete floor and the non-redeveloped concrete floor) into the upper part of the floor and attaching a project to the upper part of the floor finishing materials.

(4) As to components 2, 3

(A) The response structure of the instant Claim No. 1 invention is similar in that it installs a floor drainage system (supply pipe) composed of Li-type connection pipe (astronomical connection pipe and astronomical extension pipe) and floor drain pipe (supply pipe), with a view to applying the lux method that forms lower than the height of the floor of the neighboring dwelling space, etc., the basic concrete floor height of the luxing room ( toilets) is lower than that of the neighboring dwelling space.

However, in the installation location of the floor draining system, the elements of Claim 1 invention of this case and Claim 2 and Claim 3 of this case are the inside of the basic concrete floor, while the response structure of the challenged invention is different in that it is the inside of the existing concrete floor which is formed on the upper part of the basic concrete floor.

A person shall be appointed.

In addition, in the order of the installation of the floor draining system (supply pipe), the elements of the Claim 1 invention of this case and the elements of the Claim 2 and 3 of the Claim 1 of this case are prior to the formation of the basic concrete floor of the Sejong Bridge. On the other hand, the response structure of the challenged invention is different in that it is after the formation of the basic concrete floor of the Sejong Bridge.

Therefore, the response composition of both inventions is not the same.

(B) As such, it is not identical in the location and order of the response structure of the instant Claim No. 1 invention as well as the corresponding structure of the instant Claim No. 2, 3, and the instant Claim No. 1 in the order of installation of the floor drainage pipe (the drainage pipe). Therefore, we examine whether the response structure of both inventions is equal in relation

1) The specification of the instant Claim 1 invention contains the following descriptions:

The existing water pipeline system in the voting room contained in the main text has been built of the basic concrete floor, and there was a problem that high-quality malodor is generated by string off sewage in the hinging room (01) due to rainwater, etc. (hereinafter referred to as 011). The 000 square meters (hereinafter referred to as the 001 square meters). After construction of the hinging bath room, the 1string out of the floor of the floor is found to have been dried inside the string, or ---the sewage or wastewater can be discharged from the 1stringing floor if sewage or wastewater can occur due to the destruction of sewage pipes or drainage pipes, so that high-quality sewage or wastewater can be discharged from the 0thring floor with a view to effectively reducing the adverse effects of residents' health by maintaining the hinging room at all times [10th half of the 200 square meters with a view to discharging sewage from the 0th half of the 20-round concrete room].

2) According to the above description, the invention of this case adopted the principle of solution that "to install drain pipes on the floor of the basic concrete floor of the bathing room (to form the basic concrete floor of the bathing room)" as stated in the component 2 and 3, in order to overcome the problems of the previous system, such as the problems in which rainwater, etc. strud in the basic concrete floor among the construction works of the bathing room, and the problems in which water leakage generated from sewage or sewage pipes, etc. inside the floor be found during the use of the residents after the completion of the construction of the bathing room, or the problems in which water leakage from sewage or sewage pipes, etc. is drained into the basic concrete floor."

On the other hand, the challenged invention adopts the principle of solution to the issue of “the discharge to the outside through drainage connecting pipes, which is laid underground by installing a drainage pipe device inside the core concrete floor (it refers to the nature in which a large quantity of gap is easily contained in water, in the inner floor of the base concrete floor) which is formed on the upper part of the base concrete floor (which is not inside the toilet floor).”

Therefore, both inventions are not identical in the principle of solving the problem.

3) In addition, the instant Claim 1 invention adopted the above-mentioned task solution principle as set out in the components 2 and 3, thereby effectively discharging solid rainwater, etc. on the basic concrete floor. The instant Claim 1 invention has the effect of enabling the water leakage from sewage or sewage pipes, etc. generated from sewage or sewage pipes, etc. to be discharged from the basic concrete floor, and the “in the course of the use by a resident after the completion of construction works” to “in the course of the use by the resident after the completion of construction works.”

However, the response structure of the invention in question cannot expect the effect of effectively discharging rainwater, etc. on the floor upper part of the toilet as it does not have any floor draining device inside the basic concrete floor.

In addition, the invention subject to confirmation states in the explanatory note that “a drainage pipeline (100) can be discharged externally from the water surface of the basic concrete floor (115) that consists of the pipe support unit (115)” and “a drainage connection (110) shall not be separated from the upper surface of the basic concrete floor (2), ---- a drainage connecting pipe (110) to the outside through the underground water surface of the basic concrete floor (110), so as to enhance the formation of the drainage connecting pipe (115) through the pipe support unit (115).” According to the description, the response structure of the invention subject to confirmation can be seen as a structure that can be separated from the water surface of the basic concrete floor (100) that can be installed in the pipes area to the outside. Accordingly, the response structure of the invention subject to confirmation is difficult to expect the effect of using the floor of the residents after the completion of the construction work, and it is difficult to expect the effect of sewage from the inside water leakage, etc., regardless of the effect of the use.

4) Ultimately, the countermeasure composition of the instant Claim No. 1 invention and the instant Claim No. 2 and 3 are not identical to the task solution principle and action effect, and therefore, the response composition of both inventions is not in an equal relationship without any further examination on the remaining equivalents requirements.

(5) As to components 5

(A) The elements of the instant Claim No. 1 invention 5 are to be installed on the upper part of the Li-type connection pipe of the floor drainage pipe, “a small hole of water,” and to ensure that rainwater, etc. can be drained onto the upper part of the basic concrete floor during the construction, and that water can only be discharged from sewage or wastewater, etc., regardless of whether the floor strings are connected to the upper part of the basic concrete floor, while the construction is being completed.

Accordingly, the composition of the challenged invention is “the first drain pipe formed in the astronomical Connection pipe, the second drain pipe formed in the astronomical Extension pipe, and the second drain pipe formed in the astronomical Extension pipe, and the second drain pipe, the second drain pipe, and the second drain pipe installed in the astronomical Extension pipe.”

(B) The response structure of both inventions is similar in that it is possible to install a “take water hole” in the vicinity of the basic concrete floor (basic concrete floor) and to discharge water generated from sewage or sewage pipes, etc. from a floor (based concrete floor) at the end of the construction work after the completion of the construction work.

(C) However, the elements of Claim 1 invention 5 of the instant case, however, are formed into the upper part of the Li-type connection pipe laid underground on the basic concrete floor, so that rainwater, sewage, etc. of the basic concrete floor can be discharged externally through the floor draining system through heavy power effects.

A person shall be appointed.

On the other hand, the response structure of the invention in question can be seen as a structure in which the first and second multiple pipes have been formed over the approximate height according to the two thickness directions of the final concrete story. This structure is, in light of the statement of "the first and second multiple pipes are formed through the ceiling connecting pipes and the ceiling extension pipes, the combined length of the ceiling connecting pipes and the ceiling extension pipes is in the same degree as that of the floor height of the final concrete story, and the second multiple pipes formed in the ceiling extension pipes are in the way of the long line depending on the length length." In light of the urban structure, it is the structure in which the first and second multiple pipes are formed over the approximate height according to the main height of the final concrete story. This structure is the structure that is suitable for the main external emission rather than the external emission by the heavy power.

Therefore, the corresponding structure of both inventions is completely different from the structure and effect of installation, and technical principles from water.

(D) The 5 components of the instant Claim No. 1 are as follows: (a) so that the floor finishing material does not flow into the bottom draining device, the hole of water intake was cut down. On the other hand, the response structure of the instant Claim No. 1 is to separately adopt the “influent pipe and the seal pipe formed with the cover pipe,” which can shut down the 1st pipe and the 2nd pipe, in order to prevent the spreading concrete from flowing into the ceiling pipe and the ceiling extension pipe. As such, the response structure of the instant Claim No. 1 differs in the composition that prevents the inflow of floor finishing material from flowing inside the drain pipe.

(E) Furthermore, the 5th element of the instant Claim No. 1 invention functions as discharging water from rain or waste water pipes, etc., depending on the formation of a contact with the upper part of the Li-type connection pipe. On the other hand, the 1st distribution pipe and the 2nd distribution pipe of the instant Claim No. 1 invention are formed into the first distribution pipe installed at the same height as the base concrete floor and the second distribution pipe with the ceiling extension pipe, thereby discharging water contained in the base concrete floor. Considering these factors comprehensively, the 5th element of the instant Claim No. 1 invention in the instant Claim No. 1 invention does not appear to have easily seen as having been made by the composition of the 1st distribution pipe formed in the ceiling connection pipe, the 2nd distribution pipe, the 1st distribution pipe formed in the ceiling extension pipe, and the 2nd distribution pipe sealed in the said pipes and the 2nd distribution pipe.

(F) Therefore, the composition of the instant Claim No. 1 and the response composition of the instant Claim No. 1 are completely different from the composition and effects of the invention, and the technical principles from water (water). The modification is not a matter that can easily be easily given to ordinary technicians. Thus, the response composition of the instant Claim No. 1 cannot be said to be in an equal relationship.

(6) Judgment on the Plaintiff’s assertion

(A) The Plaintiff asserts to the effect that the response structure of both inventions is identical to the task solution principle and operating effect, and that the modification can be easily made by anyone if he/she is an ordinary technician, and thus, the response structure of both inventions is equal in relation to the two inventions, even if the location of the installation of the water intake and floor drainage pipe is changed from the invention subject to confirmation, in that the invention subject to confirmation also flows high-person water on the basic concrete floor through the drainage pipe, and discharges them externally through the drainage pipe.

However, as seen earlier, the instant Claim 1 invention is the subject solution principle to ensure that the floor drainage pipe is laid underground on the basic concrete floor of a bathing room so that water can be easily discharged into the floor. On the other hand, the subject invention is the subject solution principle to the problem that the water pipe is laid underground on the existing concrete floor, not on the floor of a bathing room, and discharges the water contained in the inside. Accordingly, both inventions cannot be said to be the same as the subject solution principle.

Furthermore, with regard to the effect of action, if the water (water portion) contained on the existing concrete floor as the plaintiff's assertion is height higher than the throughout the drainage pipe apparatus, it would naturally be discharged from the outside via the drainage pipe. However, considering the following points, it is reasonable to regard the response structure of the challenged invention as a structure more suitable for the discharge of water from the inside of the existing concrete floor to the outside by the sprinking effect rather than from the structure appropriate for the discharge of water from the bottom of the three sprinking room after the completion of construction work.

(1) The installation of a drainage pipe for an invention subject to confirmation shall not discharge water from the foundation concrete floor among construction works, since it is installed inside the existing concrete floor formed on the upper part, not the foundation concrete floor.

② The drainage pipe system of the invention subject to confirmation is not only a structure that can be installed on the upper surface of the basic concrete floor, but also a structure that can be installed on the upper surface of the basic concrete floor by using the pipe site, with the aim of discharging water contained inside the basic concrete floor. The drainage pipe system of the invention subject to confirmation is not only formed around the floor of the basic concrete floor, but also formed over the approximate height with the thickness direction of the basic concrete floor. The second drainage pipe form depending on the length.

Therefore, we cannot accept the plaintiff's assertion that the response structure of both inventions is identical or similar to that of the two inventions (the plaintiff's assertion that the invention in question is not specified because it is unclear whether the part of the invention in question is discharged by the steam or discharged by the gravity.)

In addition, as seen earlier, the response composition of both inventions is entirely different from their structure and function, so it is difficult to see that anyone can easily make such changes if they are ordinary technicians.

Therefore, the Plaintiff’s above assertion is difficult to accept.

(B) In addition, the Plaintiff asserts to the effect that “the drainage pipe of the invention subject to confirmation is connected to the entrance, and the entrance pipe is used by the entire apartment floor, and the water level is high compared to the existing concrete floor on a regular basis, and thus, it cannot be caused by the increase of water level.”

However, it seems that apartment entrance officers generally maintain habits such as external equipment connected to the exchange climate installed on the rooftop, and it seems that they can be discharged externally by the increase of the number inside the outer floor of the existing concrete floor.

Therefore, it is difficult to accept the Plaintiff’s above assertion.

(7) Review results

Ultimately, the invention subject to confirmation does not include the elements 2, 3, and 5 of the instant Claim No. 1 in the same or equal relationship. Thus, it does not fall under the scope of the right to the instant Claim No. 1 invention.

C. Whether the invention in question falls under the scope of the right to claim 4 of this case

The instant Claim 4 invention pertains to “a three-dimensional bath room for the installation of a drainage pipe system on the floor.” In comparison with the instant Claim 1 invention, the invention is limited to only the category of invention, and its substantial content is identical, and thus, includes the technical features of the instant Claim 1 invention in the same manner as the technical features of the instant Claim 1 invention.

Therefore, as seen earlier, insofar as the invention subject to confirmation does not fall under the scope of the right to claim 1 invention of this case, it does not fall under the scope of the right to claim 4 invention of this case with the same technical characteristics as the invention of this case.

D. Whether the trial decision of this case is unlawful

Ultimately, since the invention subject to confirmation does not fall under the scope of the right to claim 1 and claim 4 of this case, the trial decision of this case in the same conclusion is lawful.

3. Conclusion

Therefore, the Plaintiff’s claim against the Defendants seeking the revocation of the instant trial decision is without merit, and all of the claims are dismissed. It is so decided as per Disposition.

[Attachment]

Judges Kim Jong-sung (Presiding Judge) and Lee Jong-chul

1) Claims are not accompanied by the drawings number, but contain the relevant drawings number for the convenience of preparation.

Note 2) On the floor closing material (Do 5), [Do 5] the floor number is indicated as 110, but this is obvious clerical error, so the floor number is immediately indicated as 130.

Note 3) The drawing number for the “passing area” does not coincide with the drawing number, and the drawing number shall be integrated into 240 as indicated in [Do 5].

4) The Plaintiff withdrawn the allegation that “the Defendant’s petition for adjudication has no interest in confirmation” on the date of pleading of the instant case.

5) Although the instant Claim 1 invention pertains to “construction method,” it is substantially identical to the instant Claim 4 invention with respect to “goods,” it is considered mainly for the instant Claim 1 invention for convenience.

Note 6) The entry in the General title is the component of the challenged invention corresponding to the component of the instant Claim 1; hereinafter the corresponding part shall be indicated in preparation for both inventions in the same manner.