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(영문) 특허법원 2017.04.14 2016허7183
거절결정(특)
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On October 25, 2013, the examiner of the Korean Intellectual Property Office submitted the written opinion and amendment on October 21, 2014, to the Plaintiffs, who are the co-applicants of the instant patent application invention, on the following (b), on the ground that the nonobviousness is denied, since the claims 1 of the instant patent application could easily be made by a person with ordinary knowledge in the technical field to which the invention pertains (hereinafter referred to as “ordinary technician”) from prior inventions 1, the inventive step is easily denied. Claims 2 through 24 of the instant patent application invention can easily be made by a person with ordinary skill in the art field to which the invention pertains, and thus the inventive step is denied. (2) The Plaintiffs submitted the written opinion and amendment on April 21, 2014. However, the examiner of the Korean Intellectual Property Office, despite the aforementioned amendment on August 26, 2014, issued a notice of the decision to reject the patent application on the ground that the nonobviousness of claims 1 through 24 of the instant patent application is denied.

3) On November 26, 2014, the Plaintiffs filed an appeal against the foregoing decision of refusal with the Intellectual Property Tribunal. The Intellectual Property Trial and Appeal Board deliberated on this case as the case No. 2014 Won7294, Jul. 25, 2016, and dismissed the said request for a trial on the ground that “the nonobviousness of claims 1 of the instant invention is denied by prior inventions 1, and, at any time in a patent application, the patent application is rejected by prior inventions 1, and at any time one claim is rejected by the patent application, the patent application must be rejected by all as a single claim.” (B) The title of the invention: (b) the title of the invention is an assistant to improve the decentralization characteristics of the invention: (c) the date of priority claim / international filing date / translation submission / application number: the date of the date of the filing of an application for a patent application / the initial date of the invention No. 2017-37, Dec. 24, 2010; (d) the summary of the present invention No.

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