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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 15, 2015, the Defendant: (a) against the Plaintiff who is the person having the right to petition for registration before the Intellectual Property Tribunal on January 15, 2015; and (b) on the part of claims 1, 3, and 4 in the art to which the device pertains, a person having ordinary knowledge in the art to which the device pertains (hereinafter “ordinary technician”).
(2) The Patent Tribunal rendered a trial for invalidation of the instant registered device (No. 2015Da125) on the ground that the claim 1, 3, and 4 in the instant registered device is null and void, on August 21, 2015, on the ground that the nonobviousness of the claim 1, 3, and 4 in the instant registered device could easily be easily created from the prior design 1, and that the nonobviousness of the claim 1, 4 in the instant registered device could be easily created by a person with ordinary skills combining the claim 1, 3, and 4 in the instant registered device with the prior design 1, and thus, the nonobviousness of the design is denied, and thus, the instant trial ruling cited by the Defendant on the ground that the registration is null and void.
3) On March 7, 2016, the Plaintiff deleted the claim 3 and 4 within the instant registered petition, and filed a petition for correction trial (2016No. 26) to combine the deleted matters with claims 1. The Intellectual Property Tribunal rendered a trial ruling accepting the Plaintiff’s petition for correction trial on July 28, 2016. Around that time, the trial ruling became final and conclusive (hereinafter referred to as the “instant petition for correction order”).
(B) The Plaintiff’s name of the device (No. 3 and 8) 1: filing date of the instant registered device (C2)/registration number: D/E/F3) The summary of the device is to provide a door-to-gate protection device to ensure effective shocking by promptly breaking and breaking the light of the rubber and the strongr body by arranging the light tin of the rubber and the strongr body with the door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door to be installed.
The door number ...