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(영문) 대법원 2016.05.09 2012후115
등록무효(특)
Text

The judgment below is reversed, and the case is remanded to the Patent Court.

Reasons

The grounds of appeal are examined.

1. In determining the inventive step of a patent invention by citing various prior art documents, the inventive step of the patent invention is denied in case where the prior art documents are presented in the prior art documents that the cited technology can be combined with the cited technology, or even if not, in light of the technical level, technical awareness, basic task of the relevant technical field, development tendency, demand of the relevant industry, etc. at the time of the application of the patent invention, where it is recognized that a person with ordinary knowledge in the relevant technical field (hereinafter referred to as "ordinary technician") can easily combine it (see, e.g., Supreme Court Decision 2005Hu3284, Sept. 6, 2007). 2. In light of the above legal principles and records, the inventive step of the patent invention (patent registration number F) claims of the patent invention of this case (hereinafter referred to as "patent 1 invention of this case") with the name "C," and other claims are also indicated in the same way.

First of all, the elements 1 of the instant Claim 1’s decision in the lower judgment is comprised of “the temperature detection room for detecting the temperature, the stamper to input the user’s order, the temperature and the display room indicating temperature, etc. at the present temperature, which is discovered from the temperature detection room, and the control room to control the supply of voltage to rescue boilers,” which are “the temperature from the temperature detection room, the establishment room, the display room, and Macom” of comparable invention 1 as indicated in the lower judgment.

Next, according to the component 2 of the instant Claim No. 1’s decision in the lower judgment, according to the term “former voltage conversion converting the voltage for home use into the former voltage to the former voltage for the purpose of controlling the control unit,” and the control signal supplied from the control unit, the boiler is operated in the boiler.

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