205Heo1455 Nullification of the Registration (Secretariat)

1. 0 00 stock companies;

United States Armed Forces of the Republic of Korea

Representative Director 000

2. 0 00 stock companies;

[Attachment-In-Eup]

Representative Director 000

[Plaintiff-Appellant] Kim Sung-sung

Co., Ltd. 000

Macio Mac-si

Representative Director 000

Attorney Kang Jong-sung et al., Counsel for defendant

November 25, 2005

December 23, 2005

1. The plaintiffs' claims are dismissed.

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

The decision made by the Intellectual Property Tribunal on January 25, 2005 on the case No. 2004Da910 shall be revoked.

1. Details of the trial decision;

A. The Plaintiffs filed an application on March 2, 2002, and registered on May 22, 2002, are the owner of the utility model right of the government-combined device listed in attached Form 1 (hereinafter “instant registered device”). The Defendant filed a petition for a registration invalidation trial on the ground that the instant registered device could not easily be designed from the comparable device listed in attached Form 2, and that no inventive step exists.

B. The registered device of this case is related to the combined device used in connecting a certain size of pipes used for water supply and drainage, etc., and it is characterized by inserting stamper (40, gaset) with a thickness from the day to the other side in the connecting section (20) and changing the combined angle. The Korean Intellectual Property Trial and Appeal Board stated the claim of this case in this case on the ground that the connecting section of the registered device of this case and V (30) are identical to the plos (23,24, flinge) and knge (28) in the comparable area, and the plos in the comparative area (27, ner) a photographic shotos in the comparative area are identical to the registered device of this case and thus, it cannot be easily designed from the comparative area because the registered device of this case can easily be designed from the comparative area.

【Evidence: No dispute between the parties

2. Determination as to the legitimacy of the trial decision

A. The parties' assertion

The plaintiffs asserted that the registered device of this case was used in combinations of water supply and drainage pipes with a thickness of 500 to 2,400 meters, and its technical field is a fixed structure field in civil engineering. On the other hand, the comparative device was used in combinations of small pipes such as gas pipes with a thickness of 10 to 20 meters, and its technical field is different from each other. The registered device of this case is formed separately from the pipe, while the connecting districts with which fluor is formed with a different technical field. On the other hand, the comparative device of this case was formed in combinations with the pipe. While the comparative device of this case was composed of new materials such as rubber, the comparative device of this case was made into the double part of the pipe. On the other hand, the comparative device of this case was used in the pipe structure of gas pipes and thus it is necessary to wear it on both sides. Thus, the defendant asserted that the registered device of this case cannot easily be described as the comparative device of this case.

B. (1) The registered garage design of this case consisting of 2 holess compared to the registered garage of this case: (2) the composition of the connecting hole (20) formed on both sides of a specified diameter (10) and the connecting hole inserted between the pipe and the connecting hole of the pipe and the other side, and (2) the combination of 2 equipment composed of 2 equipment connected to the (41 equipment and 2 equipment connected to the (41 equipment and 21 equipment connected to the 2 equipment and (2) equipment connected to the (41 equipment and appliances) equipment and (2) equipment and (2) equipment and appliances connected to the (2 equipment and appliances connected to the two equipment and appliances) equipment and (2) equipment and appliances connected to the (4 equipment and appliances) equipment and appliances connected to the (21 equipment and appliances) equipment and appliances are composed of two equipment and appliances and (3) equipment and appliances connected to the (21 equipment and appliances) equipment and appliances.

(2) Determination

First of all, in relation to the technical field of the instant registered device and the comparable device, there is no limitation on the thickness of the pipe combining the use of the government-combined device in the instant registered device and the instant registered device with respect to the technical field of the instant registered device, and there is no need to significantly change the structure of the government-combined device depending on the thickness of the pipe combining the instant registered device and the object in the comparison with its use. As such, it is difficult to view that the technical field of the two devices is different (Evidence No. 2, No. 2, No. 1, and the purport of the pleadings).

Next, comparing the connecting structure of the instant registered device (20) and the composition of the franchise (23,24) in the comparable device (23,24) in response thereto, the combination of the registration device in the instant case and the franchise form in the comparable device are put on both sides of the pipe by means of a transplosive shape in which both the connected district in the instant registered device and the franchise in the comparable device are located. In addition, the detailed explanation in the comparable device should be integrated into the pipe, or made it possible to set up separately from the pipe (No. 1) and the franchise in the comparable device. Thus, the connecting structure of the registered device in the instant case is not limited to the composition of the pipe that forms the whole parts of the pipe.

Finally, comparing the number of the instant registered garages (40) and the number of the seals on the comparable level (27) with the number of the seals on the (25, 25, 200, the number of the instant registered garages and the number of the seals on the comparative level are in the shape of a string type, and the V hole is drilling in order to change the combined angle. As seen above, no limit is imposed on the quality of the stringk in the claims on the instant registered garages, and the claims 1 on the comparative level are not limited to the quality of the stringk without the string (25,26) between the strings, and the composition of the string in the instant registered garages in the instant case is identical to the composition of the string in the comparative table.

Therefore, since the registered complaint of this case is the same as the comparable complaint and thus, it is not new, the decision of this case, which found the ground for invalidation in the registered complaint of this case, is legitimate in conclusion 3.

Since the plaintiffs' claims are without merit, they are dismissed. It is so decided as per Disposition.

Judges Lee Sung-ho

Judges Lee Jae-chul

Judges Park Jeong-hee

Site of separate sheet

1. A proposal for the registration of this case (Registration No. 277272);

1. Claims 1. (20) The connecting hole (20) between each two sides of a specified pipe (10) and the connecting hole (20); and

Between the connecting section (20) of the other side, the thickness of which is definitely increased from one to the other;

Sheet (40) by inserting them together with pipes (10) (10) and pipes (10) by inserting them into V (30) and inserting them, and the above connecting section (20) .

Pocks (22) A majority of 1 Co., Ltd. (21) are formed in the direction of a stable, and the above dogbcks are formed in the direction of a stable.

(40) In 40, the above 1-2-2-2-2-2-1-2-2-2-2-2-3-2-2-2-3-2-2-3-2-3

1 Government Contract Form (21), Section 2, Section 41, and Section 1 of another Government Contract Form (21).

2. Claims 2.3. and 4. (Elimination)

Empicing of government-combined devices in line 4 and 5 to be conducted on a one-day basis, and the part section section B in line -

A person shall be appointed.

Crather 6,8 Frather Doctrines and the state of use of a government-combined device that is subject to daily implementation of the plan

2. Comparison table (Evidence B No. 1)

A person shall be appointed.

The Japanese Patent Gazette, which was published on June 6, 1995, prior to the filing of the instant petition for registration, 14587 - 145887

part of pipes (23,24) in pipes (21,22) by means of a device concerning piping structure described in paragraph (1).

(27) Sheet in the form of photoing between the fluorial and the fluorial and (28) fluorial

Mos (23 between 232 to 23d), nives (27) formed in (27), and nives (27a to 27d), and nives formed in (27).

Section 24) Formations connecting pipes through pipes (24a~24d) formed in other franchises (24)

(2).

The composition and translitation of one-way art in the forest 1 and 2 comparable height, and the composition of this pipe in the survey of the franchise.

A person shall be appointed.

Elim 3, 4 Sampion of the comparable Highison and an explanation of setting up each map.

A person shall be appointed.

2100

A person shall be appointed.