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(영문) 특허법원 2017.08.25 2017허1168
권리범위확인(특)
Text

1. The claim(s) for a patent C invention among the trial decisions rendered by the Intellectual Property Tribunal on January 20, 2017 regarding the case(s) No. 810.

Reasons

1. Basic facts

A. On March 31, 2016, the Plaintiff filed a motion against the Defendant for an affirmative trial to confirm the scope of a patent right and the Defendant’s verified invention specified in the attached Form B, among the Plaintiff’s patented invention described in paragraph (1), (3), (6), and (7) invention of this case (hereinafter “instant Claim 1 invention”).

2) The Korean Intellectual Property Trial and Appeal Board held that the invention in question does not fall under the scope of the right of the inventions in paragraphs 6 and 7 of this case, on the ground that the invention in question is identical to the invention in question as publicly notified prior to the invention in January 20, 2017, and thus its newness is denied.

(B) The lower court determined that the challenged invention falls under the scope of the right to the instant Claims 1 and 3.

(3) The Plaintiff filed a lawsuit seeking revocation of the instant trial decision, and the Defendant also filed a lawsuit seeking revocation of the instant trial decision with respect to the part that deemed that the challenged invention falls under the scope of the right of the instant Claim 1 and Claim 3, and the Defendant filed a lawsuit seeking revocation of the trial decision under the court 2017Heo1304, and is still pending in this court.

B. The title of the patented invention (A) 1: D2) filing date/registration date/registration number: E/F/patent C3: Plaintiff 4: Claim 1-5 omitted in Claim 6, and Plaintiff 4 ( Claim 2) : The term spacker equipped with two spackers, composed of two spkes generating the spke by electric currents of high voltage 6 high voltages, is supplied with power from electric blasting machines, and electric blastings are generated from the spaker, and the spaks generated from the spaker are delivered to the non-electric detonating caps installed in the tunnel through the spacker connected to the spaker.

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