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(영문) 특허법원 2016.10.28 2016허977
등록무효(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 May 2, 2014, the Defendant filed for a trial for invalidation of registration with respect to the claim 1 of the instant patent invention by asserting that “the nonobviousness of the claim 1 of the instant patent invention and the person with ordinary knowledge in the technical field to which the instant invention pertains (hereinafter “ordinary technician”) can be easily derived from the prior invention,” and filed a petition for a trial for invalidation of registration with respect to the instant patent invention. In the foregoing invalidation trial proceeding, the Plaintiff filed a request for correction of correction of the claim 1 of the instant patent invention on July 21, 2014 and June 11, 2015, on September 24, 2015, the Plaintiff corrected the claim 1 of the instant patent invention as described in Article 1(b)(b) of the Patent Tribunal (hereinafter “instant request for correction”).

(2) On December 14, 2015, the Intellectual Property Tribunal recognized the instant correction request as legitimate and recognized it (hereinafter “instant correction invention”), and rendered the instant trial ruling accepting the Defendant’s appeal for invalidation of registration on the ground that “the instant correction invention is denied by prior inventions” (hereinafter “instant correction invention”).

B. The name of the patented invention (Evidence 2) invention of this case: Claim amount at the time of registration (attached Form 1) of the new claim(s) invention(s) invention(s) invention(s) invention(s) invention(s) invention(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(1)(s)(s)(s)(s)(s)(s)(s)(s)(s)(1)(s)(s).

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