beta
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 October 15, 2013, the examiner of the Korean Intellectual Property Office (1) violated the Plaintiff’s patent application invention of this case, and on October 15, 2013, the patent application invention of this case was denied by prior inventions, as well as the requirements for “the scope of a single patent application” under Article 45 of the Patent Act.
2) On February 17, 2014, the Plaintiff submitted an amendment (Evidence 1) that contains the correction of claims 1, 5, 9, 13, 17, 19, and 20 among the claims in the instant invention, and deletion of claims 2, 6, 10, 14, and 18. However, on May 30, 2014, the examiner of the Korean Intellectual Property Office still rejected the decision to reject the patent application of the instant invention on the ground that the grounds for rejection of the non-obviousness of claims 1, 3, 5, 9, 13, 17, 11 through 9, 13, 15, 19, and 20 have not been annulled.
3) On July 23, 2014, the Plaintiff filed a petition for an appeal against the instant decision of refusal with the Intellectual Property Trial and Appeal Board (2014 Won4569). However, on February 26, 2016, the Intellectual Property Trial and Appeal Board (the Intellectual Property Trial and Appeal Board) filed a petition for an appeal against the instant decision of refusal, the nonobviousness of the claim 13 of the instant patent application is denied by the prior invention, and even in any of the claims in the patent application,
(2) The Patent Application Invention (Evidence No. 1) invention of this case (Evidence No. 1) is named as the invention of this case: The filing date/priority claim number / the filing date/the filing date/the filing date/the filing date/the filing date/the filing date/the filing date/the filing date/the filing date/the filing date/the filing date/the filing date of September 1, 2012 (No. 10-2012-0736473) (No. 17, 2014), 【 Claim No. 1, 3 through 5, 7 through 9, 11, 12, 15 through 17, 19, and 20 [Attachment] 【 Claim No. 2, 6, 10, 14, and 18 (No. 17, 2014].