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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) On September 16, 2014, the examiner of the Korean Intellectual Property Office (hereinafter “Korean Intellectual Property Office”) held that the invention claimed in the instant case is a person with ordinary knowledge in the technical field to which the invention pertains (hereinafter “ordinary technician”).
(2) On January 16, 2015, the Plaintiff submitted an amendment, such as a specification, etc. to limit claims 1, etc. and correct ambiguous expressions, on which the Plaintiff submitted an amendment on January 16, 2015, on the ground that the nonobviousness is denied, and thus, it is not patentable pursuant to Article 29(2) of the Patent Act, and that the description of claims does not meet the requirements under Article 42(4)2 and (8) of the Patent Act and Article 5(6) of the Enforcement Decree of the Patent Act.
(2) On May 29, 2015, the examiner of the Korean Intellectual Property Office rendered a decision of refusal on the ground that the nonobviousness of the invention could be easily claimed by a person with ordinary skills pursuant to Articles 1 and 2 of the Prior Invention 1 and 3 of the Patent Act.
3) On the ground that the nonobviousness of the instant Claim No. 1 was denied by prior inventions 1, and where a patent application contains at least two claims, the patent Tribunal dismissed the Plaintiff’s appeal on the ground that all of the claims should be rejected. (b) The Plaintiff’s title of the instant Claim No. 1 (Evidence 5) invention: the filing date of the filing date of the application (the filing date of the first filing date): the filing date of the application (the filing date of the first filing date): the filing date of November 9, 2012 (the filing date of the first filing date): the filing date of the second filing date (the filing date of November 10, 201), and the claims No. 10-12-126845 (No. 16, 2015) (the amended claims No. 16, Nov. 16, 2015).