The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Presumed factual basis

A. On April 19, 2019, the examiner of the Korean Intellectual Property Office notified the Plaintiff of the ground for rejection that “the claim 1 of the patent application invention of this case is identical to the prior invention in the patent application of this case. Inasmuch as newness is denied because it is substantially identical to the invention, it constitutes Article 29(1)2 of the Patent Act. The claim 1 through 3 of the patent application invention of this case can easily be made by a person with ordinary skill in the art to which the invention pertains (hereinafter “ordinary technician”) through the cited invention, which constitutes Article 29(2) of the Patent Act, and thus cannot obtain a patent.” (2) On June 19, 2019, the Plaintiff submitted a written opinion to the Plaintiff on April 19, 2019, the examiner of the Korean Intellectual Property Office deleted the claim 2 and 3 of the patent application of this case and combined the claim 1 with the patent application of this case, the examiner of the Korean Intellectual Property Office still did not amend the patent application of this case on the ground for rejection of the patent application of this case.”

3) On October 18, 2019, the Plaintiff filed an appeal against the foregoing decision of refusal (2019 Won3449) with the Intellectual Property Tribunal. On June 19, 2020, the Intellectual Property Tribunal rendered a trial decision dismissing the Plaintiff’s appeal on the ground that “the claim 1 of the instant invention is identical to the prior invention in the instant lawsuit in comparison with the invention in question by an ordinary technician, which is easily recognizable by means of the invention.” (b) the name of the invention in question (Evidence A No. 1, B No. 2) 1: B2; the filing date of the application / the application number : the filing date of the instant patent application No. 3 (the amendment made on June 19, 2019) (the amendment made on June 19, 2019).”