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(영문) 특허법원 2017.04.14 2016허8186
거절결정(특)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 16, 2013, the Plaintiffs filed a patent application with the Defendant as to the invention “high-water slicking slick slick slick slick slick slick slick and slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick.” On April 21, 2014, the examiner of the Korean Intellectual Property Office notified the Plaintiffs of the ground that “the invention in question can be easily seen from the prior invention in the art to which the invention pertains (hereinafter referred to as “ordinary technician”) prior to the filing of the patent application, but could not obtain a patent application from the Plaintiff’s patent examiner prior to the filing of the patent application under Article 29(25(2).”

3) On February 27, 2015, the Plaintiffs filed a request for reexamination with the amendment to correct the claims 1 B.4 as described in the instant patent application as described below. However, the Korean Intellectual Property Office examiner, following the reexamination on April 3, 2015, rendered a new decision of rejection on the instant application pursuant to Article 62 of the Patent Act, on the same grounds as described in the instant paragraph (2). (4) The Plaintiffs filed a request for a trial on the appeal of rejection seeking the revocation of the said decision of rejection on April 13, 2015 with the Korean Intellectual Property Tribunal 2015 Won2024. However, the Korean Intellectual Property Tribunal on October 6, 2016.

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