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(영문) 특허법원 2016.10.27 2016허2881
등록무효(특)
Text

1. The decision made by the Intellectual Property Tribunal on March 31, 2016 on the case shall be revoked.

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

Reasons

1. Basic facts

A. On August 7, 2014, the Plaintiff did not clearly and concisely state the claim 1 of the instant patent invention against the Defendant in the Intellectual Property Tribunal (hereinafter referred to as “claim 1 invention,” and the remainder of the claims are also described in the same manner). A person who has ordinary knowledge in the technical field to which the invention pertains in the description of the invention (hereinafter referred to as “ordinary technician”).

(2) On March 31, 2016, the Patent Tribunal rendered a trial ruling dismissing the Plaintiff’s above petition for a trial on the ground that the nonobviousness of the instant petition for a trial is not denied on the ground that the ordinary skilled person could easily make an invention by prior inventions 1 or 6. (2) The Intellectual Property Tribunal tried the instant petition for a trial as 2014Da1941. On March 31, 2016, the specification of the instant patent invention does not contain any description falling under Article 42(3) and (4)2 of the Patent Act, and that the nonobviousness of the instant petition for a trial is not denied on the ground that the nonobviousness of the instant inventions 1 or 3 is not denied.

B. The Defendant’s title of the instant patent invention (A) invention (B) No. 1: filing date and registration date/registration number: C/D/E3: The summary of the instant patent invention is not only to provide a deferred discharge screen so that the durability is excellent and easy to install the construction, but also to provide a deferred discharge screen so that management can be facilitated after the construction (see, e.g., “technical task to be constituted”). [Do1] / [3] The deferred discharge screen (100) by the instant patent invention, which is composed of physical body (20) and height-saving (10). The body (20) is composed of multiple pipes, namely, the height (21), the articles of incorporation (22a) connected to the upper part of the upper part of the invention, which can be adjusted by the length (22a) and the bottom (22a), the lower part of which can be adjusted by virtue of the main part (22a).

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