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(영문) 대법원 2019.01.17 2017후523
등록무효(특)
Text

The judgment below is reversed, and the case is remanded to the Patent Court.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 2 and 3

(a)an invention shall be deemed completed, if it is objectively constituted, to the extent that a person with ordinary knowledge in the field to which the invention pertains (hereinafter referred to as “ordinary engineer”) is able to repeatedly conduct it, and that the invention has been completed, to the extent that it can anticipate the possibility of achieving the technical effects aimed at;

Whether an invention has been completed shall be determined by considering the purpose, composition, effect of operation, etc. of the invention described in the description of the invention in accordance with the technical level at the time of the application based on the claims, and it shall not be necessarily limited to the specific examples of the description of

(see, e.g., Supreme Court Decisions 2012Hu3312, Feb. 14, 2013; 92Hu1806, Sept. 10, 1993). B

We examine the above legal principles and the evidence duly admitted by the court below.

(1) The name of the instant patent invention (patent number F) filed and registered by the Defendant is “C”.

Claim No. 1 (hereinafter referred to as " Claim No. 1 invention", and the remaining claims are also made in the same way) is an invention to provide a flood leakage prevention device that can prevent divers by guaranteeing that metal plates for the prevention of leakage and reduction of electric power generation at the time of flooding of the connecting circuit are connected to the center whenever they are distributed to the center, by guaranteeing that the metal plates for the prevention of leakage are always connected to the core point of the exchanges.

In addition, the inventions of paragraphs 2 through 16 of this case are inventions that directly or indirectly refer to paragraph 1 of this case.

(2) The specification of the instant patent invention, including the structure and operational content of the instant patent invention and the mutual relationship between the components of the instant patent invention, shall be as a means to achieve the purpose of the invention.

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