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(영문) 특허법원 2017.08.18 2017허1526
거절결정(특)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 16, 2015, the examiner of the Korean Intellectual Property Office, with respect to the patent application of this case filed by the Plaintiff, (1) the examiner of the Korean Intellectual Property Office stated in each claim No. 1 through 3 (hereinafter “the invention described in each claim”) on January 16, 2015.

(C) On April 16, 2015, the Plaintiff made a decision of refusal on the grounds that the nonobviousness is denied by the prior inventions described in the foregoing sub-paragraph (c). (2) The Plaintiff made a request for reexamination while submitting an amendment to the claims, etc. on April 16, 2015. However, despite the foregoing amendment on May 27, 2015, the Korean Intellectual Property Office examiner made a decision of refusal on the grounds that the nonobviousness of the instant Claim 1 and Claim 2 is still denied by the prior inventions.

3) On June 29, 2015, the Plaintiff filed an appeal against the instant decision of refusal with the Intellectual Property Trial and Appeal Board (2015 Won3736). However, on January 26, 2017, the Intellectual Property Trial and Appeal Board dismissed the Plaintiff’s appeal on the ground that the nonobviousness of the instant patent application invention is denied by the preceding invention, and where the scope of the patent application becomes at least two claims, any of which constitutes one of the grounds for rejection, the application ought to be rejected as a whole (hereinafter “instant trial decision”).

B. The name of the invention claimed in this case (No. 6) 1: The name of the invention claimed in this case (No. 6) : the airing for the production of a non-permanent sloping with a good self-recover surface: Annring (naling) by properly heating metal materials to remove the effects of the non-hesion and processing remaining in the inner structure of the material.

(iii)one of the heat treatment methods, which is slowly raised up to a certain temperature to correct the internal transformation of metal, etc., shall be conducted to reduce the longitude and strength of metal and to improve the formation of gender so as to obtain a certain organization.

In order to reduce steel or steel or to adjust the decision-making organization or to remove internal response capabilities, the heat shall be heated at an appropriate temperature, and the cooling shall be dried.

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