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(영문) 특허법원 2014.01.23 2013허1894
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

가. 이 사건 특허발명 (1) 발명의 명칭 : 상승 폼웍의 분리가능한 상승 슈 (2) 우선권 주장일/ 출원일/ 등록일/ 등록번호 : 2005. 6. 29./ 2006. 6. 28./ 2007. 4. 6./ 제10-707547호 (3) 특허권자 : 원고 (4) 특허청구범위 및 주요 도면 : [별지 1] 기재와 같다

(C) After the request for correction was made on August 13, 2012, the Patent Claim No. 4 of the instant patent invention is deemed to be “the instant patent invention No. 4 after the request for correction was made,” and the remainder of the patent claims are also made in the same way).

Invention 1) Cited Invention 1 (No. 1, No. 5) is as indicated in Claim 10-0483898 of the Registered Patent Gazette dated April 18, 2005, the term “ad hocd Invention 1” and the main contents and drawings thereof (attached Form 2) are as listed in Claim 1.

(2) Cited Invention 2 (No. 2, No. 6), published on Jul. 25, 2002, No. 2002-006259, the published Patent Gazette No. 2002-259, and the main contents and drawings thereof (attached Form 2) are as indicated in paragraph (2).

(3) Cited Invention 3 (No. 3, 4, 6, Eul evidence No. 7-1 through 5, 7, 8-1 through 5, 7, and 8) (A) A), Dok (Doka) issued by German companies around August 1998, “SK 50 functional manuals (Evidence No. 3, No. 7)”, “SK 50 operational manuals (Evidence No. 4, No. 8), and “Self-Cl2ing Form for the Fluse Network, issued around June 199 through 200” (Evidence No. 6 (Evidence No. 18, No. 9).

(ii) be published in Category B’s No. 7-1 to 5, and the main contents and drawings thereof (attached Form 2) are as described in Section 3.

Eul evidence 6, Eul evidence 7-1 to 5 is a document stating the method of use of "SE-50", which contains evidence 1, 2, 5, and 6 of Eul.

(B) The Plaintiff’s evidence Nos. 6 and 7-1 through 5 are documents prepared by the Defendant at his own discretion.

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