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(영문) 특허법원 2019.05.31 2018허278
등록무효(특)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 11, 2017, the Defendant: (a) the patented invention described in the foregoing paragraph (b) below (hereinafter “instant patented invention”) before the Intellectual Property Tribunal.

(2) On October 31, 2018, the Korean Intellectual Property Tribunal filed a petition for a trial on invalidation of a patent of the instant patent invention on the ground that “the instant patent invention is identical or combined with the prior invention 1 and 2 as described in the following (c) and thus its inventive step is denied.” (2) After having deliberated on it as 2017Da2896, the Korean Intellectual Property Trial and Appeal Board rendered a trial decision citing the above request for a trial on the ground that “the instant patent invention is new and its inventive step is denied” (hereinafter referred to as the “instant trial decision”).

B. The title of the patented invention of this case (A) 1: C2) filing date/registration date/registration date: D/E/F 3: Plaintiff 4) claims 【 Claim 1’s electric stimulation with the form of the first class and the second class (hereinafter referred to as “entent 1”) generating the water, which is contrary to the first class and flown into the first class (hereinafter referred to as “entent 2”); the second class (hereinafter referred to as “entent 2”); the second class (hereinafter referred to as “entent 2”); the second class (including the water flown into the first class) generating the burners by distributing the water flowing into the second class (hereinafter referred to as “instant class 3”); and the second class (hereinafter referred to as “former class 1”) containing the water distribution of the preceding class and the water distribution of the second class (hereinafter referred to as “the foregoing prior class 2”) consisting of the water distribution devices consisting of the two sub-paragraph 1 and the second class (1) prior class (hereinafter referred to as “former class 2”).

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