1. The decision made by the Intellectual Property Tribunal on November 18, 2016 on the case shall be revoked.

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

1. Basic facts

A. (1) On January 6, 2016, the Plaintiff filed a petition for a trial for invalidation of registration (2016Da40) with the Intellectual Property Tribunal against the Defendant, the patentee of the instant patent invention, claiming that “The patent claim 2 through 4 of the instant patent invention, is denied new and non-obviousness by prior inventions 1 through 3, and the registration should be invalidated.”

(2) On November 18, 2016, the Korean Intellectual Property Tribunal rendered the instant trial ruling dismissing the Plaintiff’s request on the ground that “The prior invention 1, which was submitted by the Plaintiff, is identical to the prior invention 1 in the 2014Da680 trial ruling rendered by the Korean Intellectual Property Tribunal, which dismissed or finalized the previous Plaintiff’s request for a trial on invalidation, and the prior invention 2 and 3 additionally submitted, even if combining it with the prior invention 1, cannot be deemed as a valuable evidence to reverse the conclusion of the previous trial ruling, on the ground that it cannot be said that the newness and inventive step of the claim 2 through 4 of the instant patent invention cannot be denied, and thus, the instant request for a trial violates the principle of res judicata under Article 163 of the Patent

B. The Defendant’s title of the instant patent invention (A No. 3-1): Date of application 2(2)/ Date of registration / Registration number: C/D/patent E-based model, which is used to supply gas from a gas container through a simple control valve, is easy to carry with him/her a locking to increase convenience in the use of the gas, but it is easy to carry with him/her, other than by a separate flammable device, such as a return box, a ion device, and a gas inflow control valve connected with a gas container, etc., which are all equipped with both main body.

The composition of the soil for the use of the F-Carrying Gas Co., Ltd. can be connected to the gas container by building-in to increase the convenience of use, in addition to the composition of the soil to be burned through separate means of combustion after simply supplying gas from the gas container through the control valve.