(영문) 특허법원 2008.11.13.선고 2007허13384 판결

A. On May 18, 2005, the Plaintiff filed a patent application (the application number: 10-205- 7008979), but (the international filing date: 2002) the Plaintiff filed a patent application with respect to an invention under the name of "heating heat for ventilation apparatus" (hereinafter referred to as "the invention of this case") (the application number: 10-205-70979).

12.2.2.) On May 30, 2006, the Korean Intellectual Property Office notified the grounds for rejection on the ground that "no inventive step is available compared to the cited inventions described in the following sub-paragraph (c)" among the inventions described in the instant application, the Korean Intellectual Property Office rendered a decision of refusal on the ground that "the grounds for rejection is still insufficient to resolve the grounds for rejection" in accordance with the written opinion and the written amendment dated July 23, 2006. (2) On the other hand, the Plaintiff filed a petition for a trial against the above decision of refusal with the Korean Intellectual Property Tribunal on December 26, 2006, and submitted an amendment to delete the claims 4 and 5."

(3) On February 27, 2007, the Korean Intellectual Property Office shall appear on February 27, 2007

In comparison with paragraph (1) of the above claim, if the claim is substantially modified, it constitutes a case where the claim is substantially modified, and in comparison with paragraph (5) of the above claim, it decided to dismiss the amendment on the ground that it falls under the case where the claim is substantially expanded and thus violates Article 47 (4) 1 of the Patent Act, and the decision of rejection was maintained. (4) The Intellectual Property Tribunal tried the above case as 2006 won and 1160 won, after November 2, 2007.

'The amended claims No. 1 do not fall under the case where the claims are substantially changed, but the claims No. 2 and No. 3, which are dependent claims No. 1, are amended by the subordinate claims No. 1, which are substantially modified claims. However, the revised claims No. 2 violate the provisions of Article 47(4)2 of the Patent Act due to lack of non-obviousness compared to the cited inventions. Thus, the decision to dismiss the amendment of the Korean Intellectual Property Office is legitimate, and the claims No. 1 at the time of the decision to reject the amendment also are legitimate because there is no non-obviousness compared to the cited inventions.”

B. The technical task of the invention in the instant application and the heat exchange machine for the ventilation apparatus (1) of the claim(22,24) are gradually developing the air running from the entrance to the exit exit, thereby undermining the heat transmission efficiency, and as such, the indoor temperature rapidly changes in the indoor temperature at the time of ventilation, increasing the consumption of energy to recover indoor temperature, and lowering the indoor air conditioning capacity.

2. Drawings 2: 4 of the specifications: The purpose of the invention in this case is to provide heat exchangeers for ventilation apparatus with high-efficiency in transmission efficiency (6) of the drawings by preventing the development of the flow of fluids in the vicinity of the outer surface, and preventing the provision of heat exchangeers for ventilation apparatus with high-efficiency in transmission efficiency (6) of the drawings. The purpose of the invention in this case is to provide (2) heat exchangeers for ventilation apparatus with high-efficiency in transmission efficiency (2) of the drawings at the time of the decision of refusal. (5) The scope of claims is as shown in Annex 1 and Annex 1(a) of the drawings.

[Claim 1] A large number of electric heat plates with a certain distance; heat exchangeers for ventilation in the indoor air, including the heat column 2, which is formed by turule (meh) in the air of the air of the air of the air of the air of the air of the air of the air of the air of the air of the air of the air of which the said heat plates pass through; and the heat exchanger for ventilation, which is formed by turule, in the air of the air of the air of the air of the air of the air of the air of the air of the air of which the heat of the air of the air of the air of the air of the air of the air of which the air of the air of the air of the air of the air of the air of the air of the air of the air of the above is cross-section 1.

[Claim 2] In Paragraph 1, the above heat exchange machine for ventilation apparatus with the characteristic of forming an Aluminium plate or paper as material.

[Claim 3] In Section 1, the absence of the above Nos. 1 and 2 above are placed in the form of a oil pole to secure the first air passage and the second air passage between the heat plates, and the outdoor and indoor air flowing into the first and second air passage above are formed from the upper surface of the above heat members, or from the upper surface of the above heat members, into the ventilation exchanger for the ventilation to ensure the passage from the upper surface.

[Claims 4] In Section 3, the heat exchanger for ventilation apparatus with the characteristics of the air flow direction and the point of time being placed to the extent of certain angles in the absence of the first and second heats above.

[Claims 5] In Section 4, the heat exchanger for ventilation apparatus with the characteristics of the air being in line with 30·60· 60· above, in the direction of the air flow.

[Claims 6 through 10] omitted (b) claims as at the time of rejection of amendment (as at January 24, 2007, the amendment shall be made on January 24, 2007)

[Claim 1] A number of electric heat plates with a certain time and (hereinafter referred to as "Composition 1; hereinafter referred to as "Composition 1"); The heat of this case, attached to the first air passage through which the heat of this case passes through the open air, consisting of turule (hereinafter referred to as "Composition 2"); The heat of this case, linked to the first heat of this case, consisting of the first heat of this case, consisting of the two electric heat of this case, attached to the second air passage through which the indoor air passes, and the air of this case, consisting of the two electric heat of this case (hereinafter referred to as "Composition 3), the two electric heat of this case consisting of which the air of this case, consisting of the string to increase the air of this case (hereinafter referred to as "Organization 1"), 1 and 2 of which the air of this case flows into the indoor air of this case.

[Claims 2, 3] The same as the description of the claim at the time of the decision of refusal.

[Claims 4, 5] Deleted

[Claims 6 to 10] Omitted

C. A drawing for comparable inventions (a drawing is as shown in Attached Form 2) (1) comparable inventions 1 (a copy of Attached Invention 2)

On November 2, 1993, published in the Japanese Patent Gazette No. 5-28490, published on November 2, 1993, the main contents of the invention are as follows: (a) Consumpted Invention 1 is with respect to charging materials that come into contact with the liquid supplied above and the gases supplied below are subject to material exchange or heat exchange; (b) filling materials (2) 1) are placed in the upper direction towards the axis of the tower; (c) the filling materials are formed with respect to the axis of the tower and is composed of 1 joints or 5 joints of the adjacent area (5 joints of Claim No. 2) the space is composed of 5 joints of Claim No. 88490, Dec. 2, 1993.

(2) comparable invention 2 (No. 3)

On June 15, 200, the disclosure number room of the Utility Model Gazette No. 2000- 10461 published on June 15, 200, as a device concerning heat exchange participants in the heat circuit ventilation system, the main contents of which are as follows. (A) The comparable invention 2 aims to provide heat exchange participants to improve the efficiency of the recovery of heating heat energy contained in the air discharged at the time of ventilation in residential buildings:

(B) Composition 1) Composition 1) Composition 1) Composition 1 Roym the upper upper upper upper upper upper upper upper upper upper upper upper lower of the upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper lower of the upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper lower of the upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper lower of the upper upper upper upper upper upper upper upper upper upper upper upper upper upper lower of the upper upper upper upper upper upper upper upper upper lower of the upper upper upper upper upper upper upper upper lower of the upper upper upper upper lower of the upper upper upper upper upper upper lower of the upper upper upper upper upper upper lower of the upper upper upper lower of the upper upper lower of the upper upper lower of the upper lower of the lower parts, and the upper of the upper upper of the lower of the lower of the lower part 1) 1 Gay and the upper of the lower of the lower of the lower of the lower of the lower of the lower of the lower part.

[Ground of recognition] Gap evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 1-1 through 4, 2 and 3, and the whole purport of the pleading

A. Whether procedural errors exist

The Plaintiff’s rejection of the amendment is lawful, because the Plaintiff did not deny the inventive step at the time of the rejection of the amendment under Paragraph 1. Paragraph 1 and Paragraph 2, which are the elements of Claim 5 prior to the amendment, added “the composition of Claim 1 and Paragraph 2, which are the elements of Claim 5 prior to the amendment, to the direction of air flow,” and Paragraph 2, which is substantially modified in the instant trial decision, did not have inventive step compared to the comparable invention, and Paragraph 2, which is, in fact, did not appear as the ground for rejection or rejection of the amendment, denied the inventive step of Claim 5 prior to the amendment, and did not provide the Plaintiff with an opportunity to submit their opinions in the instant trial decision. Although the instant trial decision did not contain any issue of inventive step of Claim 5 prior to the amendment, it is difficult to consider that the amendment of Claim 2, prior to the amendment of Claim 1, prior to the amendment of Claim 5, prior to the amendment of Claim 2, prior to the amendment of Claim 2, prior to the amendment of Claim 5.

B. Whether the amendment invention of this case is inventive

The Defendant asserted that the amendment of this case is unlawful since the amendment of this case and Paragraph 2 of the amended claim did not meet the requirements prescribed in Article 47 (4) 2 of the Patent Act that the matters indicated in the patent claim should be patentable at the time of filing a patent application due to lack of inventive step compared to the cited inventions, and thus, the amendment of this case does not meet the requirements prescribed in Article 47 (4) 2 of the Patent Act (it does not dispute whether the amendment of this case constitutes the substantial alteration or expansion of the patent claim). First, the Defendant

(1)Preparation for the technical field and purpose;

이 사건 보정발명과 비교대상발명 2는 모두 실내공기와 실외공기를 교환하는 환기장치에 적용되는 열교환기에 관한 기술로서 실내공기와 실외공기 사이의 열전달 효율을 향상시키는 것을 그 목적으로 하므로 그 기술분야와 목적이 동일하다고 할 것이고 , 비교대상발명 1은 서로 반대 방향으로 유동하는 액체와 기체가 이루는 계면 ( 界面 ) 에서 물질 및 열교환이 이루어지도록 하는 탑 내에 배치되는 충전재 ( 充眞財 ) 에 관한 기술로서 충전재의 표면에서 액체의 확산이 원활하게 이루어지도록 함과 동시에 액체와 기체의 접촉면적을 증가시켜 액체와 기체 사이의 물질 및 열교환 성능을 향상시키는 것을 그 목적으로 하므로, 유동하는 유체 사이에 열교환이 이루어지도록 하는 열교환기에 관한 기술이라는 점에서 이 사건 보정발명과 그 기술분야가 실질적으로 동일하고, 유체 사이의 열교환 효율을 향상시키기 위한 것이라는 점에서 목적에 있어서 공통점이 있다 .

(2) Composition (A) ① Composition 1 is in response to “satisfylates (3) for the prevention of mixing of air of comparable invention 2.” The composition is the same in that it forms an isolated air passage between indoor air and outdoor air, and functions as an electric heat medium mediating heat transmission between indoor air and outdoor air. (b) Composition 2, Composition 2, 3, 3’s “satisfying 1, 2”) and 2’s “satisfy table (1)” and 2’s “satisfy table” (2) of comparable invention 2 in terms of “satfying or transmitting indoor heat to one another, but all of these components are composed of “satfys” or “satfying 2, 2, 2, 2, 2, or 3, 2, or 2, or 2, or 2, in terms of the absence of the foregoing.”

On the other hand, the comparable invention 1 starts with the filling materials in which a small hole or a hole is composed of multiple spaces. In comparison with the aforementioned "1 and 2 heat absence", it is similar in terms of the structure that forms a flexible channel of the fluids, and all these compositions are similar in terms of the formation of multiple pipelines.

However, in comparison with the specific heat transmission methods of “the filling materials of comparable inventions 1 and 2” as mentioned above, structure 2, 3 functions as a heat transmission medium to directly transmit heat to the outdoor air by directly transmitting heat from the indoor air, but the filling materials of comparable inventions 1 do not function as a heat transmission medium to exchange directly heat to the external air, but rather as a heat transmission medium to exchange the heat directly from the discharged liquid or gases. At the same time, the filling materials of comparable inventions 1 do not function as a heat transmission medium to exchange the heat directly from the discharged liquid or gases, and at the same time provide a flow channel to the gases flowing into the upper bank, it is different in that the contact area of the liquid and gases increases to function as a fluid formation to improve the efficiency of heat transmission between the liquid and gases.

또한 구성 ②, ③의 ‘ 제1, 2전열부재 ’ 에 형성된 ' 메시 ( mesh ) ' 와 비교대상발명 1의 ‘ 충전재 ’ 에 형성된 ' 작은 구멍 또는 홀 ' 의 기능 및 작용효과를 대비해 보더라도, 구성 ②, ③의 ‘ 제1, 2전열부재 ' 에 형성된 ' 메시 ’ 는 ‘ 제1, 2전열부재 ' 의 주위를 유동하는 공기가 메시를 통해 ' 제1, 2전열부재 ’ 의 상면에서 하면으로 또는 하면에서 상면으로 통과하여 유동할 수 있도록 하여 공기의 터블런트를 증가시키고 그 결과 층류 ( 層流 ; 주로 유동 통로의 표면 부근에 형성되며 유체의 점성으로 인한 유동 저항으로 인해 흐트러짐 없이 규칙적으로 흐르는 유체의 유동형태 ) 로 이루어진 경계층의 발달이 억제되도록 함으로써 실외 또는 실내 공기와 ‘ 제1, 2 전열부재 ’ 사이에 발생하는 열전달의 효율이 향상되도록 하는 것임에 반해, 비교대상발명 1의 ‘ 충전재 ’ 에 형성된 작은 구멍 또는 홀은' 충전재 ’ 의 표면을 따라 하방으로 유동하는 액체가 ' 충전재 ’ 의 표면 전체에 고르게 확산되도록 하여 액체와 기체의 접촉 면적을 증가시킴으로써 액체와 기체의 계면 ( 界面 ) 에서 발생하는 액체와 기체 사이의 직접적인 열전달의 효율이 향상되도록 하는 것이므로 , 이 점에서도 이들 구성은 상당한 차이점이 있다고 할 것이다 .

In this regard, the Defendant may operate to the opposite side by passing through the hole formed in the space and 2nd, and accordingly, the heat transmission efficiency between liquid and gas increases due to the increase of the unit price of liquid and gas. As such, ② The phrase “not less than 1, 2 heat supply” in the context of comparable invention 1 is merely a mere modification of a small hole or a hole formed in the space of comparable invention 1, and, in the case of comparable invention 1, the Defendant’s assertion that the heat transmission effect is not likely to occur between the amount of heat and the gas transmission by increasing the area of the hole or hole formed in the filling, and thus, the heat or gas charging effect is not likely to occur between the amount of heat and the gas transmission, but between the amount of heat transmission and the gas transmission, as seen above.

If so, there are considerable differences in composition ② ② ②, ③’s merculation, ③’s merculation,’s 1 and 2’s merculation, and in the specific heat transmission method, function, and operation effect, the filling materials are not easily drawn by a person with ordinary skills by combining the “charged Invention 2” and “satisfy table (2)” of comparable Invention 1.

(C) Composition (4) Composition 4 is composed of “1, 2, and 30∑ 60” and “1, 2, and 30° 60 of air air,” which are the same as the one having the effect of refluence with respect to the axiss of the tower of comparable invention 1, which are “fluences with filling materials,” which has a light photofluence for the whole flow direction of the fluids and thus changing the flow direction of fluids.

However, the composition 4 has effects to enhance the efficiency of heat transmission between the liquid and the gas by facilitating the flow of the air that flows through the 's 's Meet Nos. 1 and 2' and by further suppressing the occurrence of air-to-air flow in the vicinity of the surface of the 'the absence of Nos. 1 and 2'. However, 'the heat transmission efficiency between the 1, 2, and air' has effects to improve the 'the heat transmission efficiency between the 1, 2, and the air' while 'the light 1, of comparable invention 1' in the way of the flow of the space between the liquid flow and the gas flow through the 'the flow of the space between the liquid and the gas'. Thus, these components have effects to improve the efficiency of heat transmission between the liquid and the gas by increasing the area or contact time of the liquid flow.

Therefore, the composition: (4) cannot be deemed to be a component that can easily derive from the “recharged materials” with light-shotmmar type with respect to the axis of the tower of comparable invention 1.

The amended invention of this case is a structure that has a mechanical structure and has a direction of the flow of the indoor or indoor air, and is in place with a certain angle, so that the outdoor or indoor air flow from the upper surface of the "1,2,000,000,000 upper surface", and as a result, it is restricted that the development of the boundary floor is in the flow of the indoor or indoor air near the surface of the "1,2,000,000,000,000 square meters from the outer or indoor air, so that the efficiency of the heat exchange between the outdoor or indoor air can be improved," and that the invention of this case has a efficiencies effect of the heat exchange between the outdoor or indoor air, and the efficiencies of the indoor air to increase the quantity of the air flow from the outer or indoor water filling method to the extent that it has an effect of spreading the indoor air to the extent that it has an effect of spreading the indoor air by effication of the surface."

As seen above, the instant amended invention is practically identical with the cited inventions in its technical field, while there are differences in partial composition and its operational effects. As such, the instant amended invention cannot be said to have been easily made by a person with ordinary skills by combining comparable inventions.

C. Sub-committee

The Plaintiff’s assertion that there was a procedural error to the extent that the trial decision of the instant case should be revoked, as seen earlier, is without merit, but the nonobviousness of the instant amended invention is not denied compared to the cited inventions, and Paragraph 2 of the amended Claim, which is a subordinate claim of the instant amended invention, is not denied, and the nonobviousness of the instant amended invention is not denied. Accordingly, the decision of rejection of the instant amended

3. Conclusion

Therefore, the decision to dismiss the amendment of this case was lawful on the ground that the amended claim No. 2 did not have inventive step, and the determination as to whether there were grounds for rejection of the invention before the amendment

Since the decision of this case supporting the decision of rejection is unlawful, the plaintiff's claim seeking the revocation of the decision of this case is justified and it is so decided as per Disposition.

Judges

The presiding judge's seat

Judges equal to judges;

Judges Kim Jong-soo

Site of separate sheet

[Attachment 1] Drawings of the patent application invention of this case

[Drawing 5] Part of the heat exchange machine for ventilation equipment according to the invention of this case

[Drawing 6] Private Roads of the absence of heat due to the patent application invention of this case

A person shall be appointed.

【Explanation of the Title of Drawings】

50: Heat board, 52: The first air passage, 54: the absence of first heat, 56: the second air passage, 58: the absence of second heat.

66: 1st wall, 68: 2nd wall, P: The direction of the flow of air, Q: The direction of the absence of heat;

[Attachment 2] Drawings of Cited Invention

1. Invention 1;

(Do1) A amnesty map indicating the condition of filling in a tower;

[Do2] The face-to-face of filling materials in Chapter 1 [Do3] The face-to-face of filling materials in Chapter 1

【Explanation of the Title of Drawings】

A person shall be appointed.

1: Loading guns, 2: Charge materials with marries, 3: Small holes or holes, 5: Small holes or holes.

6 : Gambling materials with both sides continuous and flat.

2. Invention 2

[Drawing 1] Separate Doctrine indicating the entire structure of a heat exchange sub-party

【Drawing 2】 Private Roads indicating the structure of a heat exchange sub-party

【Explanation of the Title of Drawings】

1: 1: Radical frame, 2: Radical frame, 3: Radical plate for prevention of mixing air, 4: Heat exchange presses;

5: 5. Written Sheet, End.

참조조문

-특허법 제47조 제4항 제1호

-특허법 제47조 제4항 제2호

유사 판례

-특허법원 2015.11.20 2015허2556

-특허법원 2008. 10. 10. 선고 2008허2558 판결

-특허법원 2015.10.02 2015허1133

-특허법원 2007. 1. 18. 선고 2006허2752 판결

-특허법원 2014.12.11 2014허2436